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Justices: Search didn't violate 4th Amendment

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A warrantless search of a probationer's property that is conducted reasonably and supported by a probation search term and reasonable suspicion of criminal activity, doesn't violate Fourth Amendment rights, the Indiana Supreme Court held today.

In State of Indiana v. Allan M. Schlechty, No. 38S04-0905-CR-246, the state appealed the trial court grant of probationer Allan Schlechty's motion to suppress drugs and paraphernalia found in his car during a warrantless search. A probation officer and police responded to a report that Schlechty tried to lure a young girl into his car. They believed they could search the car because conditions of his probation included he shall "behave well," not commit any other criminal offenses, and Schlechty had agreed to submit to reasonable warrantless searches.

A split Indiana Court of Appeals affirmed granting the motion, but the Supreme Court reversed. In doing so, the justices analyzed Griffin v. Wisconsin, 483 U.S. 868 (1987), and United States v. Knights, 534 U.S. 112 (2001). A warrantless search under Griffin may be justified on the basis of reasonable suspicion to believe a probation violation has occurred because supervision of probationers is needed to ensure restrictions are followed and the community isn't harmed by having the probationer at large, wrote Justice Robert Rucker. Under Knights, even if there is no probationary purpose at stake, a warrantless search may be justified on the basis of reasonable suspicion to believe the probationer has engaged in criminal activity and that a search condition is one of the terms of probation.

The trial court ruled the search of the car was unreasonable because the state didn't present specific articulable facts from which to conclude there was reasonable suspicion that the search was necessary.

"It appears to us that the trial court may have conflated two different concepts: the 'reasonableness' of the search under the Fourth Amendment on the one hand, versus 'reasonable suspicion' to support the search on the other," wrote Justice Rucker.

But there wasn't anything unreasonable about the search of the car because it was apparently used to try to lure a young girl. Schlechty's conduct implicated the possible criminal offenses of stalking and attempted confinement. The U.S. Supreme Court has consistently held that an officer's subjective motivation for a search is measured against an objective standard of reasonableness. Viewed objectively, the officers had reasonable suspicion to believe criminal activity had occurred even though their subjective motives for the search may have suggested otherwise, wrote Justice Rucker.

The justices remanded the case for further proceedings.

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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