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COA: Officer's observation didn't violate man's rights

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The Indiana Court of Appeals affirmed a defendant’s various drug convictions and sentence, finding the police officer didn’t violate the man’s Fourth Amendment rights by looking in the defendant’s car when trying to serve a warrant.

In Jeffrey D. Boggs v. State of Indiana, No. 40A01-0907-CR-346, Jeffrey Boggs argued the trial court abused its discretion by admitting evidence obtained from a search warrant that was based on information discovered during a warrantless and unconstitutional search of his car on his property. Police went to Boggs’ home to see if he was home to pick up his minor daughter who was in the car of a woman who was arrested on an outstanding warrant. While on the way to Boggs’ home, police discovered he was wanted on a warrant in Ohio.

Boggs wasn’t home and as the officer was leaving Boggs’ property, he shined a flashlight into a car he knew belonged to Boggs. Inside he saw an altered propane tank sticking out of a duffle bag. Police then got a search warrant for the property and found various items and drugs used to make methamphetamine.

Boggs moved to suppress the evidence, which was denied. On appeal, he argued the evidence shouldn’t have been admitted because the officer’s observation of the tank in the car was an unconstitutional search of the car parked in his driveway.

Boggs’ Fourth Amendment rights weren’t violated, the appellate court ruled, because the officer had a legitimate reason for being on Boggs’ property, he didn’t move or manipulate anything in order to see the tank, and he never left the normal routes of ingress or egress. Caselaw also says that the use of a flashlight doesn’t transform an officer’s observations into a search.

The Court of Appeals also ruled the state proved the identity of certain substances admitted into evidence, including pseudoephedrine and anhydrous ammonia, and proved that Boggs’ is a habitual offender.

The appellate court affirmed his 40-year aggregate sentence, but did remand the case to the trial court to correct the sentencing order to reflect that Boggs was sentenced to 15 years for his Class B felony conviction of attempted dealing in methamphetamine, enhanced by 25 years for the habitual offender finding.
 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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