ILNews

Off-duty police officer’s stop and frisk violated Fourth Amendment

Back to TopCommentsE-mailPrintBookmark and Share

The stop, search and subsequent discovery of drugs violated the Fourth Amendment’s protection against unreasonable searches even though the police officer was off duty at the time of the incident, the Indiana Court of Appeals has ruled.

In Derek Clanton v. State of Indiana, No. 49A02-1203-CR-198, the COA concluded the trial court erred in admitting the cocaine into evidence because the arresting officer was not entitled to the further search that led to the discovery of the narcotics. Accordingly, the court reversed the judgment of the trial court.

Clanton was stopped and searched at an apartment complex by off-duty police officer Michael Price who was working part-time as a security officer. During the pat down of Clanton, Price felt a sharp object in his front pocket, removed it and found it was a pen cap. Inside the cap, he saw a plastic bag and upon closer examination discovered the cocaine.

Clanton was arrested and subsequently found guilty of possession of cocaine as a Class D felony. He appealed on the grounds that the cocaine should not have been admitted into evidence because the officer’s seizure violated his constitutional right to be free from unreasonable searches and seizures.

The state contended the Fourth Amendment was not implicated by Price’s action because he was off duty. In disagreeing, the court held that the nature of his actions were consistent with his law enforcement training. Although the officer was off duty and on private property, the Fourth Amendment protections do apply to the stop and frisk he initiated.

Consequently, the discovery of the cocaine violated Clanton’s right prohibiting unreasonable searches because Price admitted he had to make a closer examination of the bag before he realized it contained the drug.

Judge Cale Bradford concurred the search was subject to Fourth Amendment protections but dissented that the stop and search were a violation of constitutional rights.

Affirming the trial court’s judgment, Bradford argued, “The fact that Officer Price did not know exactly which drug was stored in the plastic does not, in my view, render his removal of the plastic and subsequent seizure of the drugs found within unreasonable.”




 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

ADVERTISEMENT