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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. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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