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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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