sjalterego
Regular Member
imported post
Indiana Ct. of Appeals just held that the mere presence of a firearm does not justify Police Officer in conducting a Terry Stop/Search in the name of "Officer Safety" absent RAS that person is dangerous.
Short Synopsis. Person is driving a car with one headlight out. Police Officer pulls over driver and asks if there are any weapons present. Driver truthfully responds there is a pistol under drivers seat and that driver has a CPL.
Officer removes driver from car and searches under driver's seat with a flashlight and sees the pistol and a small baggie of MJ. Officer cites driver fro MJ possession.
At trial, driver moves to suppress evidence as fruit of an illegal search. Motion denied. Driver Appeals. Decision follows.
Officer had no objective, articulable suspicion that driver was dangerous. Driver was courteous and followed all instructions and presented no threat. Accordingly, mere fact that Driver had a firearm did NOT justify the Terry search of the car for the weapon and evidence of MJ was result of an illegal search and was suppressed.
http://www.state.in.us/judiciary/opinions/pdf/03041001jsk.pdf
Indiana Ct. of Appeals just held that the mere presence of a firearm does not justify Police Officer in conducting a Terry Stop/Search in the name of "Officer Safety" absent RAS that person is dangerous.
Short Synopsis. Person is driving a car with one headlight out. Police Officer pulls over driver and asks if there are any weapons present. Driver truthfully responds there is a pistol under drivers seat and that driver has a CPL.
Officer removes driver from car and searches under driver's seat with a flashlight and sees the pistol and a small baggie of MJ. Officer cites driver fro MJ possession.
At trial, driver moves to suppress evidence as fruit of an illegal search. Motion denied. Driver Appeals. Decision follows.
Officer had no objective, articulable suspicion that driver was dangerous. Driver was courteous and followed all instructions and presented no threat. Accordingly, mere fact that Driver had a firearm did NOT justify the Terry search of the car for the weapon and evidence of MJ was result of an illegal search and was suppressed.
http://www.state.in.us/judiciary/opinions/pdf/03041001jsk.pdf