ILNews

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.

 

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  • 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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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