ILNews

Transfer granted to out-of-state warrant case

Jennifer Nelson
May 29, 2009
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The Indiana Supreme Court granted transfer Thursday in a case involving an arrest in Indiana with an invalid Alabama warrant.

In David A. Shotts v. State of Indiana, No. 71A03-0808-CR-400, the Court of Appeals reversed David Shotts' conviction of carrying a handgun without a license with a prior felony, ruling the Alabama warrant used to arrest him was invalid pursuant to the Fourth Amendment and Indiana Constitution. The warrant didn't provide any facts from which a neutral magistrate could have drawn his own conclusion as to the existence of probable cause and the Alabama affiant merely alleged Shotts had committed a crime.

The appellate court also ruled the good faith exception isn't applicable to the evidence seized during Shotts' arrest. The state argued because Indiana officers executed the arrest warrant without actually seeing it, they can't be charged with knowledge of any defects and thus must have acted in good faith. But because the Alabama officer who obtained the warrant in the first place should have known his testimony was insufficient to support a probable cause determination, his actions preclude the good faith exception from applying in this case, the judges ruled.

"To the extent that the U.S. Supreme Court is limiting the viability of the exclusionary rule pursuant to the Fourth Amendment, we are not convinced that our supreme court will follow suit and diminish safeguards historically recognized pursuant to Article 1, Section 11 of the Indiana Constitution," wrote Judge Terry Crone.

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  1. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  2. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  3. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  4. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

  5. Can I get this form on line,if not where can I obtain one. I am eligible.

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