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Purse search violated Indiana Constitution

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A majority of Indiana Court of Appeals judges reversed a woman's conviction of possession of cocaine because the concern for the safety of police officers doesn't justify the warrantless search of every purse that is stretched in such a way it appears it could be holding a gun.

In Tamica Webster v. State, No. 71A03-0902-CR-78, the judges reviewed Tamica Webster's case for violations of the Indiana Constitution and Judges Michael Barnes and Melissa May determined based on Litchfield v. State, 824 N.E.2d 356, 359 (Ind. 2005), the cocaine found in her purse shouldn't have been admitted into evidence.

Webster's boyfriend was driving her car when they were pulled over. The police officer allowed Webster to get out of the car near the gas station where she worked. She stood across a busy, four-lane street nearly 75 feet away watching the officer conduct the stop.

The officer asked her to return to the car after learning the vehicle registration may be in Webster's purse. She came back carrying her large, flexible cloth purse in both hands; the officer thought her purse was stretched in such a manner that it could have a gun in it.

After telling her repeatedly not to put her hands in her purse, Webster clutched it and turned away from the officer. He handcuffed her and searched the purse, where he found cocaine.

The degree of concern that Webster had violated the law was low, wrote Judge Barnes. The police officer asked Webster to come back to the traffic stop because he thought she had the vehicle registration, not because of suspicious criminal activity. Also, purses can contain many things that can make them stretched out and his concern she had a gun was based on mere speculation.

The degree of intrusion was high because she complied with the officer's request to return to the traffic stop, which imposed on her liberty. When he took her to the ground, handcuffed her, and searched her purse without a warrant, that was a severe intrusion on her ordinary activity, the judge continued.

"As for the extent of law enforcement need, we fully recognize and agree with the need of law enforcement officers to protect themselves from armed suspects," he wrote. "However, we cannot conclude that the concern for officer safety justifies the warrantless search of every purse that is stretched in a manner that suggests it could conceivably contain a gun."

The majority also ruled that the attenuation doctrine doesn't apply in this case. Even if Webster's clutching her purse and turning her body amounted to the crime of resisting law enforcement, her actions weren't so sufficiently attenuated to dissipate any taint of the unconstitutional search.

Chief Judge John Baker dissented, believing the officer's concern that Webster was carrying a gun wasn't based on mere speculation. When considering all the circumstances in this case - she wouldn't let go of her purse, she pulled away, and the purse's bulge - the officer's level of suspicion could have increased. The officer had reasonable suspicion that criminal activity was afoot, he wrote, and although the officer wasn't certain Webster had a gun, he didn't need to be certain. Other than searching her purse, he had no other way of knowing whether there was a gun in it, wrote the chief judge.

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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