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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. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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