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S.C. to hear arresting-powers case

January 1, 2007
The Indiana Supreme Court has granted transfer to a Marion Superior Court case involving an arrest by an Indianapolis Metropolitan Police Officer who did not attend the swearing-in ceremony early this year. At issue is whether that arrest should stand.

The Indiana Attorney General's office filed a petition Aug. 27 to bypass the Court of Appeals and transfer the case, State v. Cheryl Oddi-Smith, 49A05-0708-CR-445, directly to the Supreme Court. The state appeals the Aug. 7 ruling by Marion Superior Court Judge Ruben Hill that held Indianapolis officers who did not attend the oath ceremony at the beginning of the year did not retain their sworn status.

Judge Hill decided the January drunk-driving arrest of Oddi-Smith was illegal because the arresting officer was not officially sworn in after the police merger of the Indianapolis Police Department and the Marion County Sheriff's Department.
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