When you see a police car in your rearview mirror, it almost always invokes a certain level of anxiety. Many people are intimidated by police encounters and act in extreme ways. They may waive all of their constitutional rights and consent to have their privacy violated; or, worse, they act aggressively toward the officer or even flee, and turn a potentially non-criminal investigation into an arrest for resisting law enforcement. Regardless of the reason for a police encounter, the best course of action is to remain calm and polite, but do not waive any of your constitutional rights.
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The Indiana Court of Appeals has overturned a man’s conviction for possession of marijuana due to an illegal pat down search. The man was stopped for driving a vehicle without a seat belt. The officer took the man’s identification and returned to his police car where he called for backup. A detective arrived on the scene and asked if he could speak to the driver about an ongoing investigation regarding a gang known to carry weapons.
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Following an infraction traffic stop, a woman was arrested for possession of methamphetamine and neglect of a dependent after police found methamphetamine in her purse. The Indiana Court of Appeals held that the search of the woman's purse was unlawful and violated her right against unlawful search and seizure.
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The Indiana Court of Appeals has reversed a man’s conviction for possession of a firearm by a serious violent felon, a Class B felony, due to an illegal search of his car. The man was stopped for a traffic violation and admitted to the officer that his driver’s license was suspended. The officer verified that the man had a prior conviction for driving while suspended and placed him under arrest. The officer then looked under the driver’s seat and found a loaded handgun.
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