Police had reasonable suspicion to stop men, search bag

Back to TopCommentsE-mailPrintBookmark and Share

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.

Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.