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COA affirms denial of motion to suppress

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The actions of police officers who showed up on a man’s property to investigate a complaint – which led to the discovery of marijuana plants – were reasonable, according to the Indiana Court of Appeals.

John Dora, who owned property in Brown County, argued the trial court abused its discretion when it denied his motion to suppress evidence. Dora held a party for Michael Shearer’s birthday at his property and invited friends over. Shearer lived in the house on Dora’s property and Dora lived in an RV while he was in town. During the party, Holly Parker arrived intoxicated and tried to find Dora, who hid from her in the barn. Parker yelled while kicking and beating the RV. Her cell phone accidentally dialed her daughter’s phone, and her daughter believed her mother was in trouble. Police were called to the scene, but Parker was gone when police arrived.

Shearer and Dora told the officers about the damage Parker caused while there, and the officers, while looking around the RV, discovered marijuana plants growing in a flower bed next to the RV on the driver’s side. Dora was charged with possession of marijuana.

On interlocutory appeal, the COA upheld the denial of Dora’s motion to suppress evidence of the marijuana found in the flower beds. They found the warrantless searches did not violate his rights under the Fourth Amendment or under Article I, Section 11 of the Indiana Constitution.

“Dora knowingly exposed the trailer to the Officers and therefore cannot persuasively argue that he had a privacy interest on the driver’s side of the RV. Had Dora simply told the Officers that Parker was not on the property and refrained from describing the damage to the RV and the trailer, the Officers would have arguably fulfilled the purpose of their visit, and been required to depart Dora’s property,” wrote Judge Patricia Riley in John V. Dora v. State of Indiana, No. 07A01-1102-CR-51.

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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