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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  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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