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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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    3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

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