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Judges find search wasn't valid under 4th Amendment

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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.

 

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  1. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

  2. Can anyone please help this mother and child? We can all discuss the mother's rights, child's rights when this court only considered the father's rights. It is actually scarey to think a man like this even being a father period with custody of this child. I don't believe any of his other children would have anything good to say about him being their father! How many people are afraid to say anything or try to help because they are afraid of Carl. He's a bully and that his how he gets his way. Please someone help this mother and child. There has to be someone that has the heart and the means to help this family.

  3. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  4. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  5. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

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