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Judges affirm sniff search in hotel did not violate guest’s constitutional rights

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A trial court properly admitted contraband seized from a woman’s hotel room into evidence, the Indiana Court of Appeals ruled Wednesday. One judge on the panel departed from his colleagues’ need to discuss that the officers’ search was justified because they acted in good faith.

The Holiday Inn Express in Martinsville was concerned that drug use was occurring in the hotel after finding paraphernalia in its rooms, so it asked Martinsville Police to bring canine units to the hotel to conduct free air sniffs in the common areas and hallways.

A sniff by canine Dasko in a hallway led police officer Blake Long to Kimberly Blankenship’s room. She denied permission to enter, but while the door was open, officers saw another woman, Courtney Malone, asleep on a bed. When Blankenship was unable to wake her up, an officer entered the room fearing for her safety and woke her up.

The officers then applied for a search warrant, and upon executing it, found drugs, a digital scale, needles and other paraphernalia. Blankenship was convicted of Class D felonies unlawful possession of a syringe and maintaining a common nuisance.

She appealed, arguing the trial court abused its discretion in admitting the items from the hotel room into evidence. She claimed the dog’s sniff search of the hallways violated her rights under Article 1, Section 11 of the Indiana Constitution.

“In sum, we need not reach Blankenship’s argument that Article 1, Section 11 prohibited the officers from walking canine units in the common area of the hotel, at the hotel management’s request, absent reasonable suspicion,” Judge Edward Najam wrote in Kimberly D. Blankenship v. State of Indiana, 55A05-1307-CR-342. “The officers searched Blankenship’s hotel room while objectively and reasonably relying on a search warrant. There is no evidence that the officers had knowledge, or should be charged with knowledge, that the sniff-search in the hallway may have been unconstitutional. Accordingly, there is no ‘wrongful police conduct’ to deter, and suppression of the evidence under the exclusionary rule would not be appropriate in light of the facts and circumstances of this case.”

Judge John Baker concurred in result, writing that the evidence in this case establishes that Dasko’s sniff sweep at the hotel, at the manager’s request, was reasonable, and the good faith reliance discussion by the majority set forth in Hoop v. State, 990 N.E.2d 463 (Ind. Ct. App. 2009), does not control the outcome here.

 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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