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Drug-dog sniff after traffic stop was rightly suppressed

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A southern Indiana trial court rightly suppressed drug evidence gathered after a police drug-sniffing dog indicated the presence of meth in a van after a traffic stop.

Cannelton police Officer Micah Jackson followed a van driven by Molly Gray for some time after it failed to signal a turn, and the officer pulled over the van around 3 a.m. on Aug. 13, 2012. A short time later, Jackson had his canine conduct a free-air sniff around the van, which led to the discovery of a plastic baggie containing methamphetamine beneath a floorboard and a Class D felony meth possession charge against Gray.

Jackson later testified that he’d received information from an officer from Tell City that the driver was involved in illegal narcotics, but Jackson had no knowledge of specifics or the source of the information.

The opinion notes Jackson didn’t report Gray’s information to dispatch before starting the canine’s free-air sniff because Gray’s sister is a Tell City police dispatcher and Gray’s brother-in-law is a Perry County sheriff’s deputy, and Jackson testified he feared they might interfere in the investigation.

Gray succeeded in convincing Perry Circuit Judge Karen Werner to suppress the evidence, and the Court of Appeals affirmed on interlocutory appeal in State of Indiana v. Molly Gray, 62A01-1303-CR-108. The court treated the information Jackson acted on as an anonymous tip insufficient for reasonable suspicion.

“Without addressing the validity of the initial stop, we conclude that the free-air canine sniff was not conducted incidental to the traffic stop and so required reasonable suspicion to justify increasing the duration of the stop,” Judge Cale Bradford wrote in the opinion joined by Judges Mark Bailey and Melissa May.

“Finding that Officer Jackson lacked reasonable suspicion, we hold that the seizure was a violation of the Fourth Amendment and that the trial court did not err in suppressing the evidence.”

 






 

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

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