Grier v. State

DICKSON, Justice.

Charged with possession of three or more grams of cocaine, a class C felony, the defendant sought to suppress evidence obtained when police grabbed his throat to prevent him from swallowing a plastic bag suspected of containing cocaine. The trial court denied his motion but certified the ruling for interlocutory appeal. The Court of Appeals accepted jurisdiction and affirmed. Grier v. State, 855 N.E.2d 1043 (Ind.Ct.App.2006). Noting that its opinion may be in conflict with Conwell v. State, 714 N.E.2d 764 (Ind.Ct.App.1999), we granted transfer.

On August 26, 2005, police…