Court of Appeals: Search did not violate Jeff defendant’s rights

The Indiana Court of Appeals rejected a Jeffersonville man’s argument that police illegally searched a duffel bag full of cocaine that had been in his car.

The decision clears the way for prosecution on numerous felony drug charges for the two men arrested as a result of the search.

CaNon Harper, 34, had filed a motion to suppress evidence and the motion was denied by Clark County Superior Court No. 2 Judge Jerome Jacobi. Attorneys for Harper, along with 39-year-old co-defendant Adrian Porch, of Detroit, filed an interlocutory appeal of the decision.

“Mr. Harper is a very dangerous man, and we’re going to prosecutor him to the fullest extent possible,” Clark County Deputy Prosecutor Jake Elder said.

Harper and Porch were stopped by Clark County Sheriff’s Department deputies in November 2008 after they had pulled into the Bel Air Motel in Clarksville. As Harper and Porch walked into the motel, Officer Bradley Jones ordered the two to stop because the license plate light on their 2005 Cadillac was not working, according to a police report.

Porch was carrying a duffel bag, and Jones took the bag and placed it on the hood of the car.

According to court records, Jones stated during a suppression hearing that he wanted to “keep people in [his] sight and know what they’re doing” and that he used precaution because he did not know what was in the bag or who was in the motel.

“He was trying to freeze the scene to see where everyone is going and briefly detained Porch,” Elder said. “All of that was allowed under the law.”

The Court of Appeals stated that “it is not unreasonable for the police to order a passenger to return to the vehicle” since concern for “officer safety outweighs the potential intrusion to the passenger’s liberty interests.”

According to court records, Jones said he asked Porch if he objected to him searching through the bag and Porch said he did not object. Harper reportedly told the officer that the bag belonged to his ex-girlfriend and he did not know what was inside.

Elder said the officers found what was later revealed to be 48.81 grams of cocaine inside the bag. As police searched the bag, Harper broke free from Officer Donovan Harrod and ran. Police caught up to him and Tasered him.

The defense’s motion to suppress argued that the search of the bag was unreasonable because they had already confirmed the license plate light was out. Harper’s attorney said police officers do not have lawful authority to investigate anything once it has been determined whether a person is in compliance with a traffic violation.

Although the Court of Appeals found the state had not proven the search was justified, it also found that it was an exception to search warrant requirements since Porch consented to the search.

Harper’s attorney, Jennifer Culotta, had argued that the police officers had demanded the right to open the bag.

Police then searched the motel room, reportedly registered in Harper’s name, and found what was later revealed to be 30 grams of heroin.

Despite a criminal history, Harper has claimed in interviews with The Evening News that he knew nothing of the drugs in the bag or in the motel room and accused police of trying to set him up.

Harper’s criminal record includes a 1995 armed robbery in Michigan and a 2000 bank robbery in Crossville, Tenn. He also pleaded guilty to class D felony possession of a narcotic drug in Clark County in 2008 after police found heroin, methadone and ecstasy in his Armstrong Court home.

He said he only pleaded guilty because he was assured of avoiding jail time.

Harper faces class A felony charges of possession of cocaine, dealing cocaine, possession of a narcotic drug and dealing a narcotic drug. He is also charged with class D felony maintaining a common nuisance and misdemeanor charges of resisting law enforcement, battery to a law enforcement officer and possession of paraphernalia. If convicted on all charges, he faces 80 to 208 years in prison.

Porch is charged with class A felonies of possession of cocaine and dealing cocaine and misdemeanor charges of maintaining a common nuisance and possession of paraphernalia. He faces 40 to 101 years in prison if convicted.

Porch and Harper have 30 days to appeal the decision to the Supreme Court. Their attorneys were not immediately available for comment.

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