{"id":9820,"date":"2013-12-18T10:16:23","date_gmt":"2013-11-18T13:04:19","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-11-18T08:56:07","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=9820","title":{"rendered":"IN: Prior possession of $1m in cash in same trailer was factor in RS"},"content":{"rendered":"

Defendant was subjected to two stops of his truck. After he refused consent, he was let go on his way, but that officer radioed ahead to others who stopped him again after a traffic violation. This time, reasonable suspicion was found [and probably existed in the first stop]. His possession of a million in cash in the same trailer two years earlier was a factor. A dog alerted, and 90 pounds of cocaine was found. Austin v. State<\/a>, 997 N.E.2d 1027 (Ind. 2013)*:<\/p>\n

<\/p>\n

Austin is correct that in Quirk this Court looked at somewhat similar facts and reached a different result. Quirk, 842 N.E.2d at 340-41 (defendant demonstrated nervous behavior, had handwritten bill of lading, had used aliases in the past, had criminal history including transporting controlled substance, lied about his criminal history, and had driver’s license issued from narcotics-source state). Many of those facts, though, were not shown in the record to have aroused police suspicion or were not relied upon by the trial court. See id. at 338-39, 341. We therefore found that such a “combination of irrelevant conduct and innocent conduct, without more, cannot be transformed into a suspicious conglomeration.” Id. at 343 (emphasis added). But at least two things distinguish Austin’s case from Quirk.<\/p>\n

For one thing, here we see the “more” that was lacking in Quirk. For example, it was not simply that Austin’s bills of lading were handwritten that was suspicious\u2014it was that they were incomplete and, when completed, were done in a way that indicated Austin was simply filling in dates at random. There were also gaps in his travel time, and Trooper White’s stop was omitted entirely. Also, Austin claimed to be going to Elkhart to pick up truck parts but could not identify where the parts store was, what it was called, or whether it was open. See id. at 342 (“[A]n inconsistent answer regarding past conduct is less suspicious than an inconsistent answer regarding present destination or purpose. … the latter casts suspicion and doubt on the nature and legitimacy of the activity being investigated.”) (quoting United States v. Jones, 269 F.3d 919, 928 (8th Cir. 2001)). And finally, the results of the EPIC query\u2014the same driver, the same truck, and the same trailer, hauling a million dollars in cash two years earlier\u2014is much more significant than Quirk’s criminal history, which was thirteen years or more in his past. Id. at 341-42.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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