Robert E. Redington v. State of Indiana - 6/18/13

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Tuesday  June 18, 2013 
2:00 PM  EST

2 p.m. 53A01-1210-CR-461. Robert Redington was approached by members of the Bloomington Police Department while viewing a bar with a range finder from the third floor of a parking garage.  Redington informed the police that he was in possession of a firearm, and the police located two loaded handguns in his pockets.  Redington also was in possession of a loaded shotgun which was located in the trunk of his vehicle.  Redington made statements to the police officers regarding the investigation of Lauren Spierer’s disappearance, and the police asked him if he would be willing to come to the police station for an interview, and Redington complied.  Based upon Redington’s interactions with police, as well as the parking enforcement officer who alerted the police to his presence, Redington was transported to the IU Health Center in Bloomington for a mental evaluation.  The police also searched Redington’s home and seized 48 firearms.  The State filed a petition for a hearing to retain Redington’s seized firearms pursuant to Ind. Code Section 37-47-14 et seq., and, following the hearing, the court ordered that Bloomington Police retain the firearms.  On appeal, Redington challenges the sufficiency of the evidence presented to retain his firearms, asserts that Ind. Code Section 37-47-14 et seq. is unconstitutional on grounds that it, as applied, violates Article 1, Section 32 as well as Article 1, Section 21 of the Indiana Constitution, and the Fifth Amendment of the United States Constitution, and that Ind. Code § 35-47-14-1(a)(2), as applied, is unconstitutional because it is void for vagueness.

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