State of Indiana v. Gregory Lagrone - 12/17/12

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Monday  December 17, 2012 
1:30 PM  EST

1:30 p.m. 49A05-1203-CR-135. Indianapolis Metropolitan Police Officers received an open parcel containing marijuana from a private parcel delivery company. The officers repackaged the marijuana with a GPS tracking device and parcel wire, affixed the original label addressed to “Michael Davis,” and then conducted a controlled delivery to the address on the shipping label, a hotel. Gregory Lagrone retrieved the parcel from the hotel, and surveillance officers followed him by car to his home. A short time later, the parcel wire activated a monitor with surveillance officers, indicating that the parcel had been opened. The officers then knocked and announced themselves. When no one answered, they entered the home without a warrant due to the risk of destruction of the marijuana. In the subsequent prosecution of Lagrone, the trial court granted his motion to suppress evidence obtained from the warrantless entry of the home. The state appeals. We ordered oral argument to ask the parties to address, in part, the relevance to this case of United States v. Jones, 132 S. Ct. 945 (2012), regarding the constitutionality of attaching a warrantless GPS tracking device to a person’s effects.

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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