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Appeals court overturns suppression of evidence gathered in search

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A special judge in Orange Circuit Court erred in suppressing evidence obtained during the execution of a search warrant that led to a man’s arrest on Class D felony charges of possession of marijuana, the Indiana Court of Appeals ruled Friday.

“Concluding that the search warrant was supported by probable cause, we reverse and remand,” Judge Paul Mathias wrote for the panel.

In State of Indiana v. Douglas E. Shipman, 59A01-1210-CR-471, Shipman successfully argued at the trial court that a warrant to search his home based on the tip of a 17-year-old burglary suspect should be suppressed.

The juvenile’s statements, “were sufficient to allow the issuing magistrate to make a practical, commonsense decision that there was a fair probability that evidence of dealing in and possession of marijuana would be found in Shipman’s home,” Mathias wrote. “The trial court, as a reviewing court, abused its discretion in overruling this determination.”

“There was no reason to suppress the evidence pursuant to the exclusionary rule,” Mathias wrote. “We therefore reverse the order of the trial court granting Shipman’s motion to suppress and remand for further proceedings consistent with this opinion.”


 

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  • Jurisdiction or not
    If a person has not harmed another person or damaged any property or violated another persons rights, the court cannot have jurisdiction over them, unless they give it to them, so don't! If arrested to not post bail, do not hire an attorney, appear as ordered and state you are doing so involuntarily and do not enter a plea, invoke your 5th amendment rights, the right to remain silent!
  • Bogus ruling by COA
    If one person tipping police is probable cause, one person could potentially get every persons home in the United States searched. Heresay is not probable cause and this ruling is a joke. Appears that we are back to picking names from a hat to appoint judges to the COA! If you don't know your rights, you don't have any and that is the way the courts like it.
  • Marijuana conviction
    Why are we still putting people in prison for smoking and possessing marijuana?

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    1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

    2. wow is this a bunch of bs! i know the facts!

    3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

    4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

    5. It's a capital offense...one for you Latin scholars..

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