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7th Circuit affirms denial of motion to suppress search of car

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The 7th Circuit Court of Appeals has upheld the denial of an automobile passenger’s motion to suppress evidence found in the car during a traffic stop, which led to his eventual pleading guilty to a heroin offense. The judges found no error by the District judge in crediting the testimony of the police officer who pulled the vehicle over because he believed the speed it was traveling and distance to the car in front of it violated Indiana law.

John Peters III was the passenger in a maroon Toyota Scion that was traveling closely behind a white GMC Denali. A Greenfield police officer initiated a traffic stop of the Denali, with Hancock County Sheriff’s Deputy Nick Ernstes initiating a stop of the Scion. Ernstes estimated the Scion was between 50 and 75 feet behind the Denali and traveling around 60 mph. He believed the combination of this high speed and short distance allowed less than two seconds of breaking time between the vehicles, and thus violated I.C. 9-21-8-14 by following too closely.

Ernstes smelled burnt marijuana when Peters rolled his window down and saw what he believed to be marijuana on Peters’ clothing. The deputy decided to search the car and found a marijuana stem in the car as well as a drill with a sticky substance on it. That substance matched that found on the screws of a panel concealing a kilogram of heroin in the Denali.

Peters moved to suppress the evidence found during the traffic stop, but later pleaded guilty to conspiracy to possess with intent to distribute heroin. The motion was denied.

The 7th Circuit concluded that Judge Jane Magnus-Stinson did not err in concluding that probable cause existed to believe that a driver followed another too closely under Indiana law when fewer than two seconds of breaking time separated the vehicles. Ernstes testified that he used the two-second rule described in the Indiana Driver’s Manual in determining a safe following distance regarding how long it takes for a car to break depending on its speed.

“[T]he district court committed no error in crediting the testimony of an experienced police officer that after observing two cars traveling in tandem for a period of time, he credibly believed that the trailing car was approximately seventy-five feet behind the lead car at a speed of approximately sixty miles per hour. If an officer knowing these facts could reasonably conclude that this combination of speed and distance violated Indiana law, that is all that is necessary to support probable cause,” Judge Ilana Rovner wrote in United States of America v. John A. Peters III, 12-3830.

The judges also upheld the search, noting they have previously held that a police officer who smells marijuana coming from a car has probable cause to search that car.
 

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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