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COA: Gun test-firing not an unlawful search

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Routine test-firing of handguns that police have in their custody isn't a violation of a person's Fourth Amendment rights, the Indiana Court of Appeals ruled today.

Deciding a case of first impression in Dannie Engram v. State of Indiana, No. 49A02-0801-CR-105, the appellate panel unanimously affirmed a ruling from a Marion Superior judge on the appellant-defendant's convictions for murder and aggravated battery. Engram was arrested after a 2004 traffic stop when police found he was driving with a suspended license, and police took his licensed .45 caliber handgun. Police test-fired the weapon according to department policy and recorded the results in a national ballistics database.

Two years later, those ballistics results showed the weapon was used in a June 2006 street shooting where Engram was identified as a possible suspect; he was arrested and charged. The trial court allowed the ballistics results to be used as evidence, and Engram objected. A jury found him guilty of murder and aggravated battery, for which he was sentenced to 65 years in prison.

On appeal, Engram argued that the results of the 2004 ballistics test should have been suppressed because the test was performed without probable cause, a violation of his Fourth Amendment rights protecting him from unlawful searches. He contended the test-firing "constituted a search which exceeded the scope of any inventory or care taking purpose."

The court questioned whether Engram expressed any expectation of privacy and, if so, whether that expectation can be viewed as reasonable. The appellate judges decided against Engram in both questions. The court determined that the test-firing didn't reveal any private information but provided an additional means to identify his weapon apart from the serial number.

"Engram has not shown that the markings made by his firearm on bullets and casings constitutes a privacy interest that society is prepared to recognize as reasonable," Judge Edward Najam wrote. "Given the dangers of firearms when improperly used and the connection between firearms and violent crime, we cannot conclude that society is willing to recognize a privacy interest in the markings made by firearms on bullets and casings."

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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