ILNews

Justices take case of dismissed drug charges

Jennifer Nelson
January 8, 2010
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The Indiana Supreme Court will decide whether a trial court was correct when it sua sponte decided to exclude evidence from a warrantless search of a defendant's car and dismiss the drug charges against the man based on that search.

The state's high court granted transfer Thursday to State of Indiana v. James S. Hobbs IV, No. 19S01-1001-CR-10, in which the Indiana Court of Appeals concluded the Dubois Superior Court judge erred in excluding the evidence and dismissing charges of possession of marijuana and paraphernalia against James Hobbs.

Police served a felony warrant on Hobbs while he was at work. Prior to serving the warrant, police saw him leave the restaurant he worked at, put something in his car, and go back inside. Hobbs refused permission to search his car, so a narcotics detection dog sniffed the outside of it. The dog smelled an illegal narcotic and inside the car police found a cooler that contained scales, rolling papers, and marijuana.

After the trial court dismissed the charges, the state filed a motion to correct error and a change of judge; those motions were denied.

The Court of Appeals unanimously concluded the warrantless search didn't violate Article I, Section 11 of the Indiana Constitution and the three factors of Litchfield were satisfied.

"The narcotics detection dog's alert, on the exterior of Hobbs' vehicle, to the presence of contraband supplied the probable cause necessary for further police investigation of the contents of Hobbs' vehicle. Accordingly, the warrantless search of Hobbs' vehicle does not appear to have contravened the Fourth Amendment as interpreted by our Supreme Court," wrote Judge James Kirsch in the Oct. 21, 2009, Court of Appeals opinion.

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

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  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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