Corwin v. State
2011 Ind. App. LEXIS 1958
| Ind. Ct. App. | 2011Background
- Officer Flynn received information that Balser, with an active arrest warrant, was staying at a specific apartment but had no photo of Balser.
- While approaching the building, Flynn observed Corwin who matched a general description of Balser and Corwin entered a van with others.
- Corwin refused to identify himself when asked, placed his hands in his pockets, and did not immediately exit the vehicle, prompting a Terry stop and pat-down for weapons.
- During the pat-down, Flynn found a folding knife and, after Corwin was cuffed, continued the frisk due to ongoing safety concerns (pockets, odor of marijuana, prior behavior).
- Flynn detected a round object in Corwin’s left-front pocket, removed it, and discovered a prescription bottle containing 21 pills with a torn label suggesting a generic Xanax.
- Corwin was arrested on a charge of possession of a controlled substance, and the trial court denied suppression of the bottle and pills; the appellate court granted interlocutory review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether continued frisk after discovering not Balser violated Fourth Amendment | Corwin argues continued frisk exceeded Terry after wallet identity. | Flynn contends totality of circumstances justified ongoing frisk for safety. | Continued frisk after wallet identity did not violate Terry. |
| Whether opening the pill bottle during the frisk exceeded Terry limits when not a weapon | Opening the bottle and inspecting contents was impermissible under Terry. | State claims immediate identification of contraband created probable cause or justified search incident to arrest. | Opening the bottle during a Terry frisk violated limits; suppression reversed. |
Key Cases Cited
- Terry v. Ohio, Proceeding citation not provided in text (1968) (permits brief investigatory stop and limited safety frisk for weapons)
- Shinault v. State, 668 N.E.2d 274 (Ind.Ct.App. 1996) (allows removal of contraband during Terry frisk when immediately identifiable as contraband)
- Barfield v. State, 776 N.E.2d 404 (Ind.Ct.App. 2002) (search inside cigarette box during Terry frisk requires immediate belief it contains contraband or weapon)
- Fentress v. State, 863 N.E.2d 420 (Ind.Ct.App. 2007) (Terry does not authorize examining contents of items carried by suspect)
- Granados v. State, 749 N.E.2d 1210 (Ind.Ct.App. 2001) (limits on examining inside of items during Terry frisk)