ILNews

Justices: Arrest was valid

Michael W. Hoskins
January 1, 2008
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The Indiana Supreme Court has reversed a Marion County judge's ruling that officers from the Indianapolis Metropolitan Police Department don't have arresting authority because they didn't take an official oath following a merger.

A unanimous ruling came today in State v. Cheryl Oddi-Smith, 49S00-0710-CR-396, which stems from Marion Superior Judge Rueben Hill's decision involving a three-car accident and subsequent drunk driving arrest a year ago. He ruled that Oddi-Smith's arrest was illegal because the arresting officer was not sworn in after the Jan. 1 merger between the Marion County Sheriff's Department and the Indianapolis Police Department. Only top officials and a few officers took the oath following the merger.

Judge Hill of Criminal Court 18 - himself a former Indiana State Police trooper - noted the main legal issue is whether this merger created an entirely new police agency, and if so then all officers would need to be sworn in again.

The state's high court granted an emergency transfer to bypass the Indiana Court of Appeals because of the public importance of the case, and heard arguments in November.

In its ruling today, Chief Justice Randall T. Shepard wrote that all sworn officers of the IPD or MCSD at the time of consolidation satisfied the oath requirement.

"We think it sufficient grounds to say that the arresting officer was recruited, trained, and sworn as an IPD officer and that he took all that with him to the IMPD," the chief justice wrote in the six page ruling.

Chief Justice Shepard also noted that other grounds could exist for which Oddi-Smith's arrest was valid, such as the "de facto officer" doctrine. Rationale was that the internal order relied on by the defense applied to personnel new to law enforcement, and did not require a second oath for those already sworn in before consolidation.

This decision reverses the trial court's suppression and dismissal, and remands it for further proceedings on the merits of the charges against Oddi-Smith.
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  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. I agree. My husband has almost the exact same situation. Age states and all.

  3. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  4. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  5. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

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