ILNews

Judges find search wasn't valid under 4th Amendment

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals has found that a woman’s Fourth Amendment right to be free from unreasonable searches and seizures was violated and a trial judge erred in not suppressing evidence found during a home search.

In Pamela J. Hensley v. State of Indiana, No. 63A01-1105-CR-195, the Court of Appeals examined a Pike Circuit case involving a woman whose home was search by police following a tip that her husband, who was on probation, possessed marijuana. Police went to check the home and Pamela Hensley let them inside where they found marijuana and generic Xanax under a mattress. After finding those substances, police obtained a search warrant and discovered rolling papers, a pipe and prescription bottles.

The state charged Hensley with felony possession of illegal drugs, maintaining a common nuisance and possession of paraphernalia. Before trial, Hensley filed a motion to suppress the evidence and the trial court denied that request but certified the case for interlocutory appeal.

The appellate judges rejected the state’s argument that the search was a probation search – not an investigatory search – and was reasonable. The judges cited a 2001 ruling from the Supreme Court of the United States in United States v. Knights, 534 U.S. 112 (2001), that a search may be justified if it related to a probationer engaged in criminal activity.

But the Indiana judges found the police were “pursuing their own agenda” and conducted an investigatory search under the guise of a probationary search. To qualify as a constitutional search under Knights, the police would have needed to have reasonable suspicion that Robert Hensley engaged in criminal activity.

In a footnote, the judges wrote that because their holding is the search was illegal under the Fourth Amendment, they weren’t addressing the question about whether it was valid under the Indiana Constitution.

The appellate panel remanded the case to the trial court for further proceedings.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

ADVERTISEMENT