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COA: Police escort into home does not violate 4th Amendment

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In a matter of first impression, the Indiana Court of Appeals Wednesday decided that a police officer’s refusal to allow a defendant to enter his or her residence without being accompanied by an officer until a search warrant has been obtained is a reasonable seizure that does not violate the Fourth Amendment.

The novel issue arose in Cynthia Sugg v. State of Indiana, 31A05-1208-CR-397, in which Cynthia Sugg challenged her numerous methamphetamine- and marijuana-related convictions. Sugg and her husband in February 2012 separately purchased on the same day from the same drug store a box of 48-pills of pseudoephedrine. Indiana State Police detective Katrina Smith with the methamphetamine suppression unit saw in the National Pseudoephedrine Log Exchange the next day that Sugg and her husband had made the purchases. The two already faced charges of manufacturing methamphetamine, so Smith and other officers went to Sugg’s house for a “knock and talk.”

The officers observed some items outside that could be used to make meth and found Sugg outside with no coat or shoes on. They identified themselves to her and said they were investigating meth manufacturing. Sugg lied to officers about purchasing the pills the previous day and denied the officers entrance into her home. The police sought a search warrant and, during that time, said they would allow Sugg back into her home to get a jacket and shoes only if she was escorted by police so she couldn’t destroy evidence or get a weapon. She allowed it, and while in there, an officer saw marijuana and smelled it.

Sugg was later arrested after the search warrant was executed, convicted on six charges, and sentenced to 10 years. Sugg appealed, claiming the evidence was admitted in violation of the Fourth Amendment and Article I, Section 11 of the Indiana Constitution.

The COA affirmed her convictions, relying on the United States Supreme Court case, Illinois v. McArthur, 531 U.S. 326 (2001). The restraint imposed was only for the short time it took to get the search warrant, and police had probable cause to believe her home contained contraband, Judge James Kirsch wrote.

There was also no violation of the state Constitution, the judges held, finding under the totality of the circumstances, the intrusion was reasonable.
 

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  1. Ah ha, so the architect of the ISC Commission to advance racial preferences and gender warfare, a commission that has no place at the inn for any suffering religious discrimination, see details http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 ..... this grand architect of that institutionalized 14th amendment violation just cannot bring himself to utter the word religious discrimination, now can he: "Shepard noted two questions rise immediately from the decision. The first is how will trial courts handle allegations of racism during jury deliberations? The second is does this exception apply only to race? Shepard believes the exception to Rule 606 could also be applied to sexual orientation and gender." Thus barks the Shepard: "Race, gender, sexual orientation". But not religion, oh no, not that. YET CONSIDER ... http://www.pewforum.org/topics/restrictions-on-religion/ Of course the old dog's inability to see this post modern phenomena, but to instead myopically focus on the sexual orientation issues, again betrays one of his pet protects, see here http://www.in.gov/judiciary/admin/files/fair-pubs-summit-agenda.pdf Does such preference also reveal the mind of an anti-religious bigot? There can be no doubt that those on the front lines of the orientation battle often believe religion their enemy. That certainly could explain why the ISC kicked me in the face and down the proverbial crevice when I documented religious discrimination in its antechambers in 2009 .... years before the current turnover began that ended with a whole new court (hallelujah!) in 2017. Details on the kick to my face here http://www.wnd.com/2011/08/329933/ Friends and countrymen, harbor no doubt about it .... anti-religious bias is strong with this old dog, it is. One can only wonder what Hoosier WW2 hero and great jurist Justice Alfred Pivarnik would have made of all of this? Take this comment home for us, Gary Welsh (RIP): http://advanceindiana.blogspot.com/2005/05/sex-lies-and-supreme-court-justices.html

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  5. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

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