{"id":5979,"date":"2012-02-16T09:21:11","date_gmt":"2011-09-03T10:38:36","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-09-03T10:38:36","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5979","title":{"rendered":"IN: Conservation officer’s request to search bag while checking fishing licenses did not lead to a voluntary consent"},"content":{"rendered":"

Defendant and two others were sitting on a bank \u201cengaged in the act of fishing.\u201d Two conservation officers approached, and defendant put something in a bag he had with him. The officers asked for their fishing licenses, which they had. Then the officer asked to search the bag while still holding the fishing license, but it was not by consent. Under the circumstances, defendant would not have felt free to have not complied. State v. Alter<\/a>, 953 N.E.2d 1182 (Ind. App. 2011)*:<\/p>\n

Based upon our review of the record, the circumstances presented lead us to agree with the trial court that a reasonable person in Alter\u2019s position would not feel free to leave or resist Officer Neargardner\u2019s directives. See Calmes, 894 N.E.2d at 205 (concluding that a reasonable person in the defendant\u2019s position would not feel free simply to terminate the encounter and walk away); see also Finger v. State, 799 N.E.2d 528, 533 (Ind. 2003) (noting that \u201ca reasonable person in [the defendant\u2019s] position would not feel free to leave after [the officer] retained his identification\u201d and holding that the defendant was \u201cdetained for purposes of the Fourth Amendment\u201d where a police officer asked for and received the driver\u2019s license of the defendant and did not return the license or say that he was free to leave while the officer continued to converse with the defendant). Alter was detained for purposes of the Fourth Amendment.<\/p><\/blockquote>\n

[Note: This is the same rule that applies to driver’s licenses.]<\/p>\n

The District Court erred in concluding there was no probable cause, but the search warrant for blood was saved by the good faith exception. Instead, there was probable cause for the search warrant. State v. Walker<\/a>, 2011 UT 53, 690 Utah Adv. Rep. 27, 267 P.3d 210 (2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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