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ANDERSON A man suspected of trying to sell look-alike substances at Hoosier Park Racing & Casino has had his drug-related conviction reversed, based on a claim of violation of the Fourth Amendment, which protects against unreasonable search and seizure.

In the 2015 case, Michael D. Johnson was patted down by a gaming enforcement agent at Hoosier Park in Anderson, according to The Indiana Lawyer.

A small amount of white powder was found on Johnson, but subsequent testing revealed the white powder was not a drug. It contained a chemical possibly deriving from baking soda.

Johnson was arrested and later charged with dealing in a look-alike substance. He moved to suppress the evidence obtained during the pat-down search, but the Madison County Circuit Court denied the motion. Johnson then objected at trial to the admission of the evidence found in his pocket, but the trial court determined the officer had completed a search incident to arrest when he removed the item from Johnsons pocket.

The Indiana Lawyer reported that the search stemmed from a man telling a security guard that someone had approached him and asked if he wanted to buy white girl, a slang term for the drug cocaine.

Johnsons description and interaction with the man was confirmed on surveillance footage prior to the gaming enforcement officer bringing Johnson into an interview room to conduct the pat-down search.

Indiana Court of Appeals found insufficient evidence to dispel Johnsons claim of a Fourth Amendment violation.

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Conviction reversed for phony drug sale at Hoosier Park - Newsandtribune