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Officer didn't conduct investigatory stop

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A trial court didn't abuse its discretion in admitting evidence that a juvenile possessed marijuana because the seizure of the drug didn't violate the teen's constitutional rights, the Indiana Court of Appeals ruled.

In R.H. v. State of Indiana, No. 49A02-0903-JV-218, R.H. appealed his adjudication as a delinquent child for committing what would be Class A misdemeanor possession of marijuana if committed by an adult. R.H. was in the driver's seat of a car with three others parked in front of a woman's house at night. The homeowner was suspicious of the car and called police.

Office Shawn Holmes pulled up behind the car and activated his emergency lights. When a passenger rolled down his window, smoke came out of the car. He found marijuana in the car in the front console's ashtray and two bags on the floor of the front passenger seat.

R.H. argued the seizure of the marijuana resulted from a detention that violated his rights under the federal and state constitutions and that Holmes lacked reasonable suspicion to conduct an investigatory stop. R.H. believed that the use of the emergency lights meant he was being detained and not free to leave the scene or not answer questions.

The appellate court rejected his arguments and relying on Finger v. State, 799 N.E.2d 528, 532 (Ind. 2003), determined Holmes' approach and initial contact with R.H. didn't amount to seizure under the Fourth Amendment. Holmes was responding to a report from a concerned citizen, it was late at night, the car was already stopped, and he displayed no force, wrote Judge Carr Darden for the majority. They also weren't persuaded that when Holmes activated his lights to identify himself to other motorists, that it constituted a stop of R.H.'s car.

Because Judges Darden and Margret Robb found the initial encounter didn't constitute an investigatory stop, they didn't address whether Holmes had reasonable suspicion required under Terry v. Ohio, 392 U.S. 1 (1968), to conduct an investigatory stop. Judge Paul Mathias, in his concurring opinion, believed there is a solid statutory argument to be made that it would have been illegal for R.H. to drive away once Holmes approached the car with his lights activated. He also noted no right-minded person feels able to disregard the police unless he or she is told they are free to do so.

"The test should not be whether a reasonable person feels free to leave, because every stop is a seizure to the extent no reasonable person ever does feel free to leave; the test should be whether the seizure has become an unreasonable intrusion," he wrote.

A better test is to consider a car stopped in the circumstances of the instant case within the meaning of Terry. The facts giving rise to R.H.'s stop are facts previously held to warrant at least a Terry stop, he wrote. Judge Mathias also believed the evidence could be admitted under the Litchfield test.

The appellate court also determined the evidence was sufficient to support R.H.'s adjudication. The drugs found in the car were in plain view of R.H. and within reach of him, so it's reasonable to infer he knew of the marijuana and had the ability to exercise dominion and control over it, wrote Judge Darden.

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  1. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  2. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

  3. Low energy. Next!

  4. Had William Pryor made such provocative statements as a candidate for the Indiana bar he could have been blackballed as I have documented elsewhere on this ezine. That would have solved this huuuge problem for the Left and abortion industry the good old boy (and even girl) Indiana way. Note that Diane Sykes could have made a huuge difference, but she chose to look away like most all jurists who should certainly recognize a blatantly unconstitutional system when filed on their docket. See footnotes 1 & 2 here: http://caselaw.findlaw.com/us-7th-circuit/1592921.html Sykes and Kanne could have applied a well established exception to Rooker Feldman, but instead seemingly decided that was not available to conservative whistleblowers, it would seem. Just a loss and two nice footnotes to numb the pain. A few short years later Sykes ruled the very opposite on the RF question, just as she had ruled the very opposite on RF a few short years before. Indy and the abortion industry wanted me on the ground ... they got it. Thank God Alabama is not so corrupted! MAGA!!!

  5. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

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