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Officer did not violate 4th Amendment in finding gun in man's coat

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A police officer who arrested a man and then found a gun in his coat did not violate the man’s rights, the Indiana Court of Appeals held.

In Christopher Stark v. State of Indiana, No. 49A05-1104-CR-152, a police officer arrested Christopher Stark after approaching his idling vehicle and finding Stark – who was under age 21 – had been drinking alcohol. Stark was acting suspiciously and appeared to slide something underneath his coat, which was on his lap.

After the officer arrested Stark, he returned to the car and retrieved the coat, which contained a loaded handgun. In his interlocutory appeal, Stark appealed his denial of his motion to suppress that evidence, holding his rights had been violated when the officer retrieved his coat.

The COA held that the degree of intrusion was minimal, and that with three unsecured passengers still in the idling vehicle, safety concerns existed for the arresting officer. The appellate court affirmed the trial court’s denial of Stark’s motion to suppress.   




 

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  1. I need an experienced attorney to handle a breach of contract matter. Kindly respond for more details. Graham Young

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  5. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

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