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Appeals court overturns suppression of evidence gathered in search

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A special judge in Orange Circuit Court erred in suppressing evidence obtained during the execution of a search warrant that led to a man’s arrest on Class D felony charges of possession of marijuana, the Indiana Court of Appeals ruled Friday.

“Concluding that the search warrant was supported by probable cause, we reverse and remand,” Judge Paul Mathias wrote for the panel.

In State of Indiana v. Douglas E. Shipman, 59A01-1210-CR-471, Shipman successfully argued at the trial court that a warrant to search his home based on the tip of a 17-year-old burglary suspect should be suppressed.

The juvenile’s statements, “were sufficient to allow the issuing magistrate to make a practical, commonsense decision that there was a fair probability that evidence of dealing in and possession of marijuana would be found in Shipman’s home,” Mathias wrote. “The trial court, as a reviewing court, abused its discretion in overruling this determination.”

“There was no reason to suppress the evidence pursuant to the exclusionary rule,” Mathias wrote. “We therefore reverse the order of the trial court granting Shipman’s motion to suppress and remand for further proceedings consistent with this opinion.”


 

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  • Jurisdiction or not
    If a person has not harmed another person or damaged any property or violated another persons rights, the court cannot have jurisdiction over them, unless they give it to them, so don't! If arrested to not post bail, do not hire an attorney, appear as ordered and state you are doing so involuntarily and do not enter a plea, invoke your 5th amendment rights, the right to remain silent!
  • Bogus ruling by COA
    If one person tipping police is probable cause, one person could potentially get every persons home in the United States searched. Heresay is not probable cause and this ruling is a joke. Appears that we are back to picking names from a hat to appoint judges to the COA! If you don't know your rights, you don't have any and that is the way the courts like it.
  • Marijuana conviction
    Why are we still putting people in prison for smoking and possessing marijuana?

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    1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

    2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

    3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

    4. I am sorry to hear this.

    5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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