Police had reasonable suspicion to stop men, search bag

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The Indiana Court of Appeals disagreed with an appellant who claimed police did not have reasonable suspicion to believe he and two other men were involved in criminal activity, which led to their stop and his eventual conviction of Class A felony attempted dealing in methamphetamine.

Robert Dunlap called police in August 2011 after he believed someone was living in one of the storage units he owned in Elkhart County. Sergeant Michael McHenry and Officer Dustin Lundgren responded and saw three men, including Kevin Clark, leaving the storage unit. Clark was carrying a duffel bag. Police ordered the men to stop, and Clark sat the bag on the ground.

McHenry asked if Clark had anything illegal in the bag; he admitted that it contained marijuana. McHenry then searched the bag without a warrant or Clark’s consent and found the drug, baggies of methamphetamine, pills and other paraphernalia. This led to a search of Clark’s car by a drug-sniffing dog. Police found marijuana in the car and an inactive methamphetamine lab inside the trunk. Trooper Maggie Shortt processed the lab.

Clark claimed police didn’t have reasonable suspicion to believe criminal activity as afoot at the storage unit, but the judges pointed out Dunlap called police because he thought a rental agreement was being violated by someone living in the unit. That report gave officers reasonable suspicion of criminal activity, which justified stopping Clark, Judge Melissa May wrote in Kevin M. Clark v. State of Indiana, 20A05-1202-CR-62.

Clark admitted he had marijuana in the bag, which gave McHenry probable cause to search it. The trial court didn’t abuse its discretion in admitting the items found in it.

The judges also upheld Shortt’s testimony as to how much methamphetamine Clark possessed. She testified as to the conversion ration of pseudoephedrine to methamphetamine. Her testimony was opinion testimony of a lay person based on her experience, not expert testimony, May wrote. Her testimony could reasonably assist the jury in deciding whether Clark possessed the component to produce more than three grams of methamphetamine, the threshold needed to convict him of the Class A felony charge.



  • No probable cause
    This story is incomplete, were the men there illrgally or had the rented the unit which if so means that they were there illegally and the police had no business there in the first place and they should have inquired of this fact from the caller.

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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.