This is a true story it was related to the BatBlog by a third party and investigated and confirmed by the BatBlog to be true and the victim credible. No names will be used other than the judge involved...the victim wishes to remain anonymous.Approximately 3 weeks ago the lady involved was headed home, she lives in an outer area of Clark Co. She is middle aged around 53-59, it was in the evening approximately 9-9:30 pm. Out of the blue she was pulled over by 2 Clark Co. sheriff's deputies, one pulling in front of her the other pulled along side. The officers got out and the lady asked what was wrong ??? The one officer said her car wove toward the center line of the road she was travelling. The officers asked if he could search her car and she consented...the officers proceeded to search her vehicle... finding nothing. They then asked permission to search her purse and again she consented.
The woman has several chronic medical issues for which she receives prescription medications. The officers found 2 prescription bottles of medication both with the prescribed medicines in them. They also found at the bottom of her purse several (3 or 4) loose pills which were the same as in the prescribed bottles. The pills (her medication) were both a narcotic (controlled substance.) The officers proceeded to handcuff the lady and arrest her for 2 counts of possession of a controlled substance for the loose medication. She was taken to the Clark Co. jail and was there for about 5 hours until a family member posted her bail.
Technically I suppose the arresting officers were legal with their actions. As the BatBlog understands Indiana law a controlled substance has to be in the original bottle with the prescription , hopefully some of our legal readers can weigh in on this if I'm incorrect... But Come On !!! 3 loose pills !!! This lady is very mild mannered and naive...she was terrified, she had never been arrested and never had so much as a parking ticket let alone be in jail...Now it gets even better...she is given a court date, presuming she did nothing wrong she goes to her doctors who verify the prescription medications with documentation for the court. She doesn't hire an attorney because 1.) she can't afford one 2.) She feels she has done nothing wrong...
She went to court this past week in front of judge Joe Weber, after explaining the situation to judge Weber. Weber says there appears to be no probable cause and is leaning to dismiss the case...BUT wait a minute the prosecutor objects he says the arresting officers (who are not present) should be here to explain IF there was probable cause... Judge Weber now changes his mind and issues another court date (a month later) for the arresting officers to attend....
This case just blows the BatBlog's mind for several reasons...First while technically unknowingly this lady I assume broke the law. But come on she was scared, cooperated completely and it seems here a citation was more proper IF that was an option ( maybe some legal mind can clear that up)...Second while peace officers have a tough job surely they could tell this wasn't a bad guy come on a little old lady really...
Finally all we hear about is how the Clark Co. courts are jammed full overloaded with cases...No wonder if this is a normal circumstance...Why couldn't the prosecutor just allow this case to be dismissed ?? There are enough bad guys out there to hassle....let's leave honest citizens alone...
Ignorance of the law is no excuse but this lady is out of her medication (held by the court) until the case is settled, out $200.00 for impounding fees for her automobile. A lesson learned I guess one could assume, but if this was truly the only option these officers had then the law needs to be changed. A citation would be more appropriate and with the proper documentation this case should have been dismissed...Yes the system let a good, honest citizen down and failed to "Protect and Serve" only harassed...
This is an obscene. Even if she's eventually found not guilty, the process has already punished her.
ReplyDeleteAnd the opportunity costs involved...Jesus. How many real criminals, real crimes could the local justice system deal with if they'd just cut out the stupid shit.
Pretend there is a question mark at the end of that last post.
ReplyDeleteAgreed this is obscene ... I will give the officers the benefit of the doubt, maybe by law she had to be arrested.
ReplyDeleteHopefully someone in law enforcement or legal will weigh in on this...
Regardless a citation would be more fitting (if possible) if not the law needs to be changed.
Why the judge rescheduled this is beyond me...this women is totally harmless and naive to the justice system a real travesty to an honest citizen....
Minor drug cases continue to clog up the court system. While your case is hardly the norm there are many other minor offenses that have to be dealt with. Laws need to be rewritten where these minor cases like the one you brought to light need to be treated like traffic citations, to keep the courts moving more freely.
ReplyDeleteI don't understand the overkill of the arrest. I also don't get
ReplyDeletethe effort to search a car and purse of a middle aged woman. That's
bullshit.
There are no laws against having possession of your prescribed med
'not in a prescrip bottle' Although, for the reasons illustrated
by your story I don't recommend it.
What I wonder, in cases like these, why are the cops doing this?
Still, I would reserve judgment until I hear all the facts. I
would like to see the police report. The whole thing sounds fishy.
I thought the same thing, but I know the lady and talked to her she is a credible person, naive but credible. I will try and obtain or look at the police report.
ReplyDeleteMy question is... could a citation been written instead of an arrest ??? Arrest seems overkill in this instance...
I will do a follow up on this as I thought there was more to the story...but she had no reason to lie to me and I also know the woman who went to court with her for moral support and she verified what the judge ordered, the continuance to a later date... Stay Tuned..
Yes. They could have issued a citation. Held the pills and asked her to bring the
ReplyDeleteproof she had a prescrip to the police station. It sounds like something
else was going on.
On the other hand, the younger cops have been 'academy trained' which focuses
on 'by the book procedure' and chucks the older 'use your best judgment'
way of doing things lots of older cops exercised.
Police process has changed a lot in the past twenty years. Believe it.
I agree that something sounds fishy. Why would they ask to search her car and purse. That is not routine procedure for a simple traffic violation is it??
ReplyDeleteGoliath is correct.
ReplyDeleteThe GSL rocks.
http://cspoa.org
ReplyDelete"CSPOA assembles Sheriffs, Peace Officers and Citizens who understand the grave implications of our eroding Constitutional protections. Whether it’s an illegal checkpoint violating the 4th Amendment, 2nd Amendment intrusions affecting your defense of your home or family, or ANY other infringement of your freedom, CSPOA is on the front line defending your rights and Liberty."
Our sheriff supposedly belongs to this organization.
I have heard of this before but I can't find
ReplyDeletethe applicable law (if there is one).
"Under Indiana law, it is illegal to transport prescription medications
in anything other than the prescription bottle given to you in the
pharmacy. Thankfully, this type of narcotics charge is easy to have
dismissed, as proof that you were legally authorized to have the
medication by producing your physician’s prescription will usually
resolve the charges quickly."
http://razumichlaw.com/narcotics/
http://midimagic.sgc-hosting.com/indilaws.htm #39 & #40
I agree with Goliath.There could be more to this story.
ReplyDeleteRidiculous. It's almost as if the law is written to cause someone to be harassed, throw a little money into the system, but not end up with a real conviction to challenge.
ReplyDeleteIt's called Viloation Legend Drug Act and it's a felony. Citations can't be issued for felonies. Goliath should have known that.
ReplyDeleteShe wasn't charged with a felony...Class A misdemeanor: possession of a controlled substance ...2 counts one for each prescription.
ReplyDeleteIt appears the county police have been watching out for this person since 2 cars pulled her over.
ReplyDeleteThe law she allegedly broke according to the prosecutor 35-8-4-7
ReplyDeleteI'm curious as to who the officers were that pulled her over. If she had prescription bottles this all seems overkill, especially the excessive searching of her vehicle. Pretty fishy.
ReplyDeleteHmmm 35-8-4-7 is a repealed statute.
ReplyDeletePerhaps you meant 35-48-4-7 which deals with possession of a controlled substance.
A person who possesses a controlled substance without having a valid prescription
commits a crime. This person is said to have a valid prescription.
My mistake, yes it is 35-48-4-7 and yes she does have a valid prescription and took the documentation to court but the prosecutor still asked for a continuance.
ReplyDeleteStill trying to track down more details...
Suppose the lady had not allowed her vehicle to be searched... or her purse. What would happen in that case? Are we obligated to allow law enforcement to do a vehicle search?
ReplyDeleteI just wrote a post on my Facebook about many things that need to be changed in our Court system. It is very sad that this woman had to endure this. How many times have I gone in my purse to take my prescribed medication only to drop one of the pills and instead of dumping my purse I just took another one out of the bottle. I think an officer needs to access the situation and use better judgment. I would personally be traumatized if I had been her, having handcuffs put on me as if I was a common criminal. So sad.
ReplyDeleteLisa that's actually what she thinks may have happened, dropped one of her pills while she was taking one...It is easy to do..
ReplyDeleteSnowman I don't think they would have been able to search her car and purse without her permission. She said she had nothing to hide but it ended up a big mistake. IMO she was too honest...
Never answer questions. Never give permission for a search. Any contact with law enforcement this day in age should be taken very seriously.
ReplyDeleteYes Anonymous. Always be respectful but not obliging.
ReplyDeleteSnowman said...
"Suppose the lady had not allowed her vehicle to be searched... or her purse. What would happen in that case?
Are we obligated to allow law enforcement to do a vehicle search?"
Probable Cause
It can get dicey but basically no.
They would have to get a search warrant. That could take time. There are u tube videos how to handle something like that.
ReplyDeleteShouldn't be caring those meds with you while driving. If the officers wanted they could have referred to the dosage and Ordered a blood test. If she was taking them and driving. She can be charged with DUI.
ReplyDeleteAnother insane example of the "war on drugs" and the loss of individual freedom. Protecting the public my ass. What adult has not at one time or a thousand times carried a medication not in it's original container. I can be arrested and charged with a felony for carrying one blood pressure, etc. pill lose in my pocket as a violation of the legend drug act. The war on drugs has been a complete failure and has made criminals out of law abiding citizens and real criminals filthy rich. Our law enforcement officers and courts do no more that lock up those who are physically addicted. The court system has become an out of control monster. No wonder people no longer trust the police or courts. Probable cause is a total myth. I have been around multiple courts for years. Never have I seen a judge dismiss a case for a lack of probable cause. It happens in the movies folks, but not in real life.
ReplyDeleteExcellent post anonymous, my sentiments exactly.
ReplyDeleteAgreed. Drug enforcement laws have always been a an object lesson in overkill.
ReplyDeleteMostly because those who pass these laws (and their advocates) don't have a clue about what they're dealing with.
We should make things interesting, let's drug test Clark county judge's... Hahaha I bet,I know a few that won't pass.
ReplyDelete