Since the August 2016 arrest, Toschlog has continually fought the charges, claiming in court that the discussion of Washington State cannabis had no bearing on the Indiana incident, and that calling in drug dogs had “impermissibly extended” the traffic stop.
Now, nearly two years after the fact, the Indiana Court of Appeals has sided with the police officer, giving law enforcement across the state a new tool in Indiana’s still-evolving criminalization of cannabis and its users.
“His choice to do so and to disclose inculpatory information – i.e., that he had previously had drugs in his car – provided the officer with reasonable suspicion to believe at that point that Toschlog currently had marijuana in his vehicle,” the panel of judges ruled.
Even if Hoosier State legislators are able to pass CBD protections in the near future, state officials have shown no interest in bringing expanded medical or adult-use cannabis legalization to the heartland state.
As for Toschlog, the trial concerning his misdemeanor drug charges had been postponed while the search was challenged, but with the Court of Appeals recent decision now filed, the talkative Hoosier could see more days in court sooner than later.
Toschlog can still submit his case to the Indiana Supreme Court for further review, but no matter what happens next, we’re guessing he’ll think twice before giving up his right to remain silent.