Indianapolis Metropolitan Police Department v. Donald Prout - 4/10/14

Back to TopPrintE-mail
Thursday  April 10, 2014 
11:30 AM  EST

11:30 a.m. 49A04-1305-CR-236. Indiana University South Bend. In April 2012, Donald A. Prout was arrested and charged with four counts of class D felony theft based on evidence that he engaged in ghost employment with the Marion County Sheriff’s Department on four occasions.  The State alleged that Prout clocked in at the Sheriff’s Department and his part-time security job at the same time, and thus he received double pay for those hours reported to both entities.  Prout pleaded not guilty on all counts.  In September 2012, the State dismissed all charges against Prout, citing “Evidentiary Problems.”  In December 2012, Prout filed a verified petition for expungement of his arrest records pursuant to Indiana Code Section 35-38-5-1, asserting that expungement was appropriate because no offense had been committed and there was an absence of probable cause.  The trial court granted Prout’s petition.
On appeal, the Indianapolis Metropolitan Police Department (“IMPD”) argues that the trial court abused its discretion in granting Prout’s petition for expungement because probable cause existed both at the time of Prout’s arrest and at the time the charges were dismissed.  The parties argue about which time in the proceedings – at arrest or at dismissal – that probable cause is required under Indiana Code Section 35-38-5-1.  IMPD also asserts that Prout did not prove that he did not commit theft, which was his burden in the expungement proceedings.  Prout asserts that IMPD’s arguments are requests for this Court to reweigh the evidence and judge the credibility of witnesses.

Back to Events
Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I was looking through some of your blog posts on this internet site and I conceive this web site is rattling informative ! Keep on posting . dfkcfdkdgbekdffe

  2. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  3. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  4. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

  5. Once again Indiana has not only shown what little respect it has for animals, but how little respect it has for the welfare of the citizens of the state. Dumping manure in a pond will most certainly pollute the environment and ground water. Who thought of this spiffy plan? No doubt the livestock industry. So all the citizens of Indiana have to suffer pollution for the gain of a few livestock producers who are only concerned about their own profits at the expense of everyone else who lives in this State. Shame on the Environmental Rules Board!

ADVERTISEMENT