Posted on 02/12/2015 7:51:02 PM PST by Ken H
Indiana Court of Appeals rules that traffic cops may not look through the pill bottles of motorists without legitimate suspicion.
Police have no business looking through the pill bottles belonging to a motorist stopped for a routine traffic violation. That was the conclusion of a three- judge panel of the Indiana Court of Appeals, which last month reversed Antonio Garcia's conviction on drug charges because an Indianapolis Metropolitan Police officer violated the state constitution.
At around 9pm on August 6, 2012, Officer Philip Robinett saw a white Chevrolet Trailblazer that did not have its headlights on. The SUV pulled over and parked on the side of the street without signaling. Officer Robinett hit his lights and ordered Garcia to get back in the car. Garcia is not a US citizen, so he was arrested for driving without a license. A frisk revealed that Garcia had a pill bottle in his pocket, and the officer could not resist taking a look inside.
"Every time I've either -- I've located either some type of illegal substance or -- unless it is a pill that is properly prescribed," Officer Robinett testified. "That's the only time I've seen it to where the substance inside this cylinder is a legal substance."
The container held half a pill with markings indicating it was hydrocodone, a painkiller for which Garcia had no prescription -- a class D felony. Under federal case law, Officer Robinett's search would be considered valid, but Indiana offers greater protection to its residents.
"The degree of concern, knowledge, or suspicion that a criminal violation had occurred with respect to the pill vial was low prior to opening the container," Judge Terry A. Crone wrote for the three-judge panel. "Although there could be situations in which the police find an unfamiliar object on a person through a search incident to arrest that may justify further investigation, that situation did not occur here. There is no evidence in the record that Officer Robinett had any concern or suspicion that the container held anything that threatened his or the public's safety."
Prosecutors admit that they would not have had enough evidence to go to a judge and seek a warrant to open the container, as there was no reason to suspect Garcia had illegal drugs.
"There was no need for law enforcement to preserve evidence relating to the offense for which Garcia was arrested," Judge Crone wrote. "Also, there were no circumstances unrelated to the reason for the arrest that led Officer Robinett to suspect that Garcia was impaired, had engaged in any illegal drug use, or was involved in any illegal drug dealing."
Because the search was unreasonable, the court dismissed the drug possession charge.
Makes sense.
"Am I being detained, am I free to go?".
“There is a very easy solution to this... If a cop asks to search your vehicle politely tell him no and then politely ask ...
“Am I being detained, am I free to go?”. “
Yeah but what if Garcia said: “No Habla Ingles?” BTW, the search was of Garcia’s person not his vehicle if I read the post correctly. As far as I am concerned, that’s a no-no for a traffic stop where no impairment is noted too.
In the State of Washington, the cops can’t even look through someone’s garbage placed out by the street for pick-up.
OK, I’ll admit it, I just don’t understand the hydrocodone thing. I have had it prescribed to me after back surgery and severe oral pain from an infection, and all it did was relieve the pain. No “high” or drug induced anything except for damping down physical pain. So why do druggies go after this drug? If you aren’t in pain, I can’t imagine feeling anything from it. I don’t get it.
Higher dosages = euphoria
Really? Well I do know that there is no greater feeling than relief from great pain.
“Garcia is not a US citizen.”
That could mean legal or illegal alien. If an illegal alien, then I have no problem with if a law is passed that allows police to use that as justification for searching his person and vehicle without a warrant. Of course, it’s often difficult to confirm if the person is an illegal alien.
My mom got shingles.
The pain was so bad she was crying and this is one tough lady. Her former doctor told her that the pain would not kill her and she should just endure it. Happily her second doctor prescribed strong pain medicine and, while she slept a lot, the pain was managed. But there are a doctors who are very stingy with the pain killers even for people who are in verifiable pain.
So these people buy it illegally.
Well, a couple things to note.
First, you were taking a painkiller when you had legitimate pain. In that circumstance, the euphoric effects can be lessened, because the pain sensation is mitigating it. If you had taken it in a normal state, it may have sent you off to the moon. This also comes into play in terms of the addictive properties. It is a bit harder to get addicted to painkillers if you take them only when you are in pain, versus taking them strictly for recreation (only a bit though, you still need to be very careful!).
Second, any opiate can satisfy an opiate addicts’ cravings, because they all activate the same receptors. So, even if an addict prefers, say, heroin, they will take anything they can get, even if the potency is low, if they can’t get their preferred “fix”. Once they are addicted, they aren’t chasing the “high” as much as they are trying to avoid the withdrawal symptoms.
I have the opposite problem. I have seen too many friends get addicted to this stuff, so I avoid it like the plague, even if I need it. I broke my leg a few years ago, and the pain was intense. Multiple doctors tried to give me opiates, but I just refused and suffered through it with NSAIDs (and a bit of liquor when it got bad).
Thanks to both of you for your comments. I really didn’t understand as I have only taken them as necessary while in great pain.
I tore my rotator cuff real bad 2 yrs ago. I got lots and lots of Vicodin in various strengths.
Sure it makes me feel floaty, but it also makes my skin itch - a common side effect. That ruins the high for me.
...and you should have been warned not to do that. Mixing alcohol and pain killers is very dangerous. I know, I did it. Once. It was ignorance on my part, but that was no excuse, and I should have asked.
Pain hurts worse than anything.
I can’t take the stuff. I was prescribed the liquid form last year for coughing when I had severe bronchitis. Within 20 minutes I’m so nauseous that even my fingertips want to throw up.
Too many American doctors are opposed to pain management, often even for terminal patients—just another consequence of the WOD. It is getting worse as Obamacare continues-the government decides what you need. Sit down and quit crying, peasants!
I went to the pharmacy a few months ago and was not allowed to purchase cold medicine because their machine wouldn’t scan my license for some reason—even though the pharmacist knows me and I could have picked up Class III meds, no pseudofed for me. I say let the meth addicts kill themselves, quit supporting the Mexican cartels, and let me buy some sinus medicine that works and give people in pain the meds they need!
For some - I take one before the full wait time is up and I get dull (inadvertent opening for those who want to take a swipe...) and mildly nauseous.
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