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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. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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