McLain v. State, 963 N.E.2d 662

Officer stopped McLain for failing to activate turn signal at least 200 feet before turning; McLain received a warning and was told he was free to leave.
Officer asked about illegal substances and for permission to search; McLain voluntarily consented, revealing marijuana in the car.
A canine unit later alerted to contraband; total marijuana weight was 1.9 grams and evidence was seized.
McLain was charged with possession of marijuana; he moved to suppress the evidence as a violation of state and federal constitutions.
Bench trial held; trial court admitted the post-stop search evidence over McLain’s objection; conviction followed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Post-stop questions violate Fourth Amendment	McLain: post-stop questioning/search after free-to-leave is unlawful.	McLain: consent to search tainted by continued detention; must be reasonable suspicion.	No Fourth Amendment violation; consensual encounter; valid consent.
Indiana Constitution Article 1, Section 11	McLain: post-stop questions/search after stop violates state provision.	Consent exception to warrant requirement applies; conduct reasonable.	Not violated; Callahan-based analysis supports voluntary consent after stop.
voluntariness of consent	Consent not voluntary given post-stop context.	McLain voluntarily consented; demeanor described as cooperative.	Consent voluntary; valid basis for searching vehicle.

Callahan v. State, 719 N.E.2d 430 (Ind.Ct.App.1999) (voluntary post-stop consent valid when free to go)
State v. Washington, 898 N.E.2d 1200 (Ind.2008) (state constitution allows post-stop questioning with voluntary consent)
Robinette v. United States, 519 U.S. 33 (1996) (consent to search must be voluntary under totality of circumstances)
Holly v. State, 918 N.E.2d 323 (Ind.2009) (distinguishes need for suspicion when continuation after stop is questioned)
D.K. v. State, 736 N.E.2d 758 (Ind.Ct.App.2000) (canine search requires reasonable suspicion where stop extended; distinguishable)