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Indiana's rule requiring warning right to refuse a consent search of the person does not apply to a patdown with reasonable suspicion

By John Wesley Hall, Jr.

Pirtle v. State, 323 N.E.2d 634 (Ind. 1975), which requires that a person be advised of his right to refuse a consent search of his person, does not apply to a patdown based on reasonable suspicion. Wilkerson v. State, 2010 Ind. App. LEXIS 1688 (September 14, 2010).* The officer had reasonable suspicion defendant was DWI, so his stop was justified. United States v. Gossitt, 2010 U.S. Dist. LEXIS 97374 (N.D. Iowa September 16, 2010).* Defendant’s stop was based on reasonable suspicion of a traffic offense, and simple questions produced reasonable suspicion of drugs. The officer called for a drug dog which took 38 minutes to arrive. This was a reasonable time under Circuit law. The passenger had no standing to challenge the search of the car...continue to full post

Full post as published by Fourth Amendment on September 19, 2010 (boomark / email).