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Tuesday, March 02, 2010
Ind. Decisions - "Search did not violate Jeff defendant’s rights"
Yesterday's Court of Appeals decision in Canon Harper and Adrian Porch v. State of Indiana (see ILB entry here) is the subject of a story today in the New Albany News & Tribune, reported by Matt Thacker. Some quotes:
CaNon Harper, 34, had filed a motion to suppress evidence and the motion was denied by Clark County Superior Court No. 2 Judge Jerome Jacobi. Attorneys for Harper, along with 39-year-old co-defendant Adrian Porch, of Detroit, filed an interlocutory appeal of the decision. * * *Harper and Porch were stopped by Clark County Sheriff’s Department deputies in November 2008 after they had pulled into the Bel Air Motel in Clarksville. As Harper and Porch walked into the motel, Officer Bradley Jones ordered the two to stop because the license plate light on their 2005 Cadillac was not working, according to a police report.
Porch was carrying a duffel bag, and Jones took the bag and placed it on the hood of the car.
According to court records, Jones stated during a suppression hearing that he wanted to “keep people in [his] sight and know what they’re doing” and that he used precaution because he did not know what was in the bag or who was in the motel.
“He was trying to freeze the scene to see where everyone is going and briefly detained Porch,” Elder said. “All of that was allowed under the law.”
The Court of Appeals stated that “it is not unreasonable for the police to order a passenger to return to the vehicle” since concern for “officer safety outweighs the potential intrusion to the passenger’s liberty interests.”
According to court records, Jones said he asked Porch if he objected to him searching through the bag and Porch said he did not object. Harper reportedly told the officer that the bag belonged to his ex-girlfriend and he did not know what was inside.
Elder said the officers found what was later revealed to be 48.81 grams of cocaine inside the bag. As police searched the bag, Harper broke free from Officer Donovan Harrod and ran. Police caught up to him and Tasered him.
The defense’s motion to suppress argued that the search of the bag was unreasonable because they had already confirmed the license plate light was out. Harper’s attorney said police officers do not have lawful authority to investigate anything once it has been determined whether a person is in compliance with a traffic violation.
Although the Court of Appeals found the state had not proven the search was justified, it also found that it was an exception to search warrant requirements since Porch consented to the search.
Posted by Marcia Oddi on March 2, 2010 09:45 AM
Posted to Ind. App.Ct. Decisions