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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. 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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