ILNews

Court properly admitted gun into evidence

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The Indiana Court of Appeals upheld a man’s conviction of Class B felony unlawful possession of a firearm by a serious violent felon, rejecting his argument that the gun he tossed away while running from police should not have been admitted into evidence.

In Jermaine Hines v. State of Indiana, 48A02-1206-CR-442, Anderson police believed Hines may have been involved in a shooting at a gas station based on interviews with several witnesses. Police decided they wanted to talk to Hines again – he had previously denied involvement in the shooting – and saw him leaving a home on a moped that was the base for drug trafficking.

Uniformed offices in a marked car saw Hines at the gas station and called out to Hines that they wanted to speak to him. Hines sped off on his moped, later crashing it and running from police on foot. While the officers were chasing him on foot, they saw Hines throw something and heard it hit against a house. Hines tossed a .45 caliber handgun.

He was charged with resisting law enforcement and unlawful possession of a firearm by a serious violent felon, but only convicted of the firearm charge. His motion to suppress the evidence was denied.

Hines argued that the police did not have legal cause to detain him, and, as a result, he was free to decline to speak with the officers. He conceded that the firearm was abandoned, but he claimed that it was abandoned only after law enforcement officers attempted to illegally seize him, so the trial court should have denied the state’s request to admit the firearm into evidence.

Judge Rudolph Pyle III, writing for the court, concluded that the police had reasonable suspicion of criminal activity to detain Hines based on information from witnesses of the shooting, the observation that Hines left a drug house, and when officers approached him to speak, Hines fled.

The judges agreed with the state that the seizure of the firearm isn’t subject to protections of the Fourth Amendment because Hines abandoned it. The facts of the case show Hines’ intention to relinquish any possessory interest in the firearm by tossing it as he fled from the officers, Pyle wrote.

 

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  1. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

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