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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. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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