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Man’s 10-year cocaine sentence upheld by 7th Circuit

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The 7th Circuit Court of Appeals rejected a defendant’s argument that the drugs seized at his home with a warrant following his arrest should have been excluded from determining his sentence after the District judge ruled the warrant was invalid.

Tyler Sanders pleaded guilty to possessing more than 50 grams of cocaine base with the intent to distribute. At sentencing, the District judge found he possessed more than 500 grams of cocaine or cocaine base and sentenced him to 120 months. Most of that cocaine considered in sentencing was based on drugs seized from his house. There was a warrant, but the judge invalidated it and ruled the evidence seized from the house could not be used against him at trial because some information was recklessly omitted.

Sanders argued in United States of America v. Tyler Sanders, 13-1301, that the judge should have prohibited use of that evidence at sentencing, too. But the 7th Circuit disagreed, pointing to its decision in United States v. Brimah, 214 F.3d 854 (7th Circ. 2000), in which the court held the exclusionary rule does not apply at criminal sentencing.

Sanders keyed in on a footnote in that ruling that remarked the appeal did not present the question whether an “egregious” violation of the Fourth Amendment might justify suppressing at sentencing. Judge Frank Easterbrook wrote that for Sanders to succeed on appeal, he must persuade the court to create an “egregious violation” exception to the doctrine that the exclusionary rule does not apply to sentencing.

Easterbrook then laid out the reasons why that won’t work, including that the Supreme Court has held that the exclusionary rule does not apply to evidence obtained by officers who reasonably rely on a warrant or make certain kinds of negligent errors, Easterbrook wrote.

He also pointed out that an “egregious violation” exception is not necessary to deter officers from violating the Fourth Amendment – and deterrence is the goal of the exclusionary rule.

“The district judge did not err in following §3661 and considering the evidence found during the search of Sanders’s home,” he wrote.
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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