Description:

Vernon, Indiana possession of methamphetamine and paraphrenalia criminal Defense lawyer represented the Defendant.


[¶2] In the early hours of February 28, 2023, Jennings County Deputy Sheriff Johnathan Amis was in his patrol car with his canine partner, Dino, when Russell, driving his brother's Ford Focus, turned onto the street ahead of him. Deputy Amis noticed Russell "checking the mirrors to see who was behind him," and as Deputy Amis followed behind the car, Russell "immediately changed lanes" to the left. Tr. Vol. II p. 9. Deputy Amis changed lanes and radioed dispatch to check the car's license plate and registration. Dispatch reported that the registered owner of the car was a male named Jackie Russell. Seeing that the driver kept checking his rearview mirror, Deputy Amis ran Jackie Russell's driver's license and learned it was suspended. At that point, around 1:40 a.m., Deputy Amis turned on his emergency lights to initiate a traffic stop.

[¶3] Once his lights were activated, Deputy Amis saw Russell "reaching over into the passenger seat area" multiple times. Id. at 11. Deputy Amis couldn't see Russell's hand, but he could tell Russell was extending his right arm and "leaning over with his full body" into the passenger side. Id. at 12. As Russell was reaching, the car "swerv[ed]" within the lane and "bounce[d] back between the fog line and the center line" without crossing the lines. Id. at 105. Russell continued driving for another quarter to half mile, passing several places where he could've safely pulled over, before eventually pulling into a gas station.

[¶4] Deputy Amis approached the driver's side of the car, and when he looked inside, he saw an unzipped pouch on the passenger floorboard in the area he'd seen Russell reaching. Deputy Amis informed Russell that he'd pulled him over because the car's registered owner had a suspended license. Russell explained it was his brother's car. Deputy Amis asked Russell for his driver's license, the car's registration, and proof of insurance. When Russell handed Deputy Amis his license and the registration, his hand was "shaking uncontrollably." Id. at 111. Deputy Amis returned to his patrol car to have dispatch run Russell's license, which came back valid. This took a few minutes.

[¶5] Meanwhile, Jennings County Deputy Sheriff William Carter and North Vernon Police Department Officer Adam Jackson arrived on the scene. When Deputy Amis returned from his patrol car, Russell didn't have proof of insurance, so Deputy Amis asked Russell to step out of the car and try to contact his brother to get the insurance information. He also informed Russell that he would be conducting a dog sniff of the car. Beginning at 1:45 a.m., Deputy Amis ran Dino around the car while Russell stood with Officer Jackson. See Ex. 1. After sniffing the pouch on the passenger floor, Dino alerted to the odor of narcotics at 1:48 a.m. See id. Deputy Amis returned Dino to his patrol car, and then he and Deputy Carter began searching the Focus.

[¶6] The deputies didn't find any drugs in the car, but Deputy Amis found two or three "large knives, like hatchets" on the passenger side. Tr. Vol. II p. 116. Concerned Russell might be armed, Deputy Amis patted down his outer clothing to check for weapons while Deputy Carter continued searching the car. While patting the outside of Russell's left pants pocket, Deputy Amis felt what he immediately knew to be a methamphetamine pipe. He asked Russell if he could check his pocket, and Russell pulled away and said no. Deputy Amis told Russell he could feel the pipe, and Russell admitted it was a methamphetamine pipe. Deputy Amis then reached into Russell's pocket and pulled out the pipe as well as a small metal container with a bindle inside. Deputy Amis handcuffed Russell and read him his Miranda rights. Russell admitted there was heroin in the bindle but said it was his girlfriend's. (Testing later revealed it was fentanyl, not heroin.) Deputy Amis told Russell he was going to jail and asked if he had anything else on his person. Russell initially said no but then pulled a plastic bag out of his pants containing a clear, crystal-like substance and a white powdery substance. Russell admitted the bag contained multiple types of methamphetamine (later found to weigh 24.4 grams). Deputy Carter didn't find anything else in his search of the car, which lasted twenty to thirty minutes total. Russell eventually got a hold of his brother and was able to confirm the insurance information before being taken to jail.

[¶7] The State charged Russell with Level 2 felony dealing in methamphetamine, Level 3 felony possession of methamphetamine, Level 6 felony possession of a narcotic drug, and Class C misdemeanor possession of paraphernalia. Russell moved to suppress the pipe, methamphetamine, and fentanyl, arguing the dog sniff and searches of the car and his person violated his rights under the Fourth Amendment to the United States Constitution. At the hearing on the motion, when recounting the traffic stop, Deputy Amis stated that he had "reasonable articulable suspicion" to continue detaining Russell to conduct the dog sniff. Id. at 35. The trial court later asked what the reasonable and articulable suspicion was, and Deputy Amis explained his training on indicators of criminal activity:

So when I first got behind the vehicle one of the indicators is for him - people changing lanes immediately when they notice a police officer behind them. As I'm behind him, um, I see him checking his rearview mirror back and forth which is another indicator. Um, as I'm going then I run the plate it comes back suspended prior so I go ahead and initiate my lights. Um, as I'm following him he starts reaching over when my lights are on he starts reaching over for something which is another indicator. Um, as he's reaching over I can see him bring back or come back over and then he swerved. Um, as we stopped I approached the vehicle, he's still checking his rearview mirrors, um, while I'm at the vehicle he grabs his license and registration and I see him he's actually uncontrollably shaking handing me his stuff which is another indicator. Um, so with all those indicators for suspicion taught in my interdiction class which made me believe there's more criminal activity at that time.... Like the indicators are of - of saying there's more afoot, more criminal activity happening than just a suspended driver.

Id. at 46-47. Finding that Deputy Amis had the requisite reasonable suspicion, the trial court denied the motion to suppress.

[¶8] At the jury trial, the pipe, methamphetamine, and fentanyl were admitted into evidence over Russell's objection. The jury found Russell guilty of Level 3 felony possession of methamphetamine, Level 6 felony possession of a narcotic drug, and Class C misdemeanor possession of paraphernalia. The trial court sentenced Russell to an aggregate term of twelve years.

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Russell v. State, 23A-CR-2883 (Ind. App. Oct 16, 2024)

Outcome: Affirmed

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