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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. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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