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...