IN: Person merely visiting during PO visit couldn’t be arrested when drugs found in common area; no showing of constructive possession

POs entered an apartment for a visit, and defendant visitor, not the one under supervision, was in the room with others where drugs were found. Under constructive possession rules, there was no probable cause to even arrest him so his search incident violated the Fourth Amendment. Tigner v. State, 2020 Ind. App. LEXIS 105 (Mar. 18, 2020).

“The stop was also lawful in its duration and scope. The matter lasted only a few minutes. The officers quickly discovered an open container of alcohol in the vehicle, and the driver was unable to produce a license. The officers directed the driver to step outside the vehicle, patted him down, and handcuffed him while they resolved the question of his identity. Stokes contends in his motion to suppress that this was an illegal arrest of the driver, thereby altering the nature of what had formerly been a Terry stop. To the extent Stokes claims that handcuffing the driver was unconstitutional, he lacks standing to make this argument.” United States v. Stokes, 2020 U.S. Dist. LEXIS 46637 (N.D. Ill. Mar. 18, 2020).*

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