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Judges disagree on search validity

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On remand from the Supreme Court of the United States to reconsider under a recent ruling, the Indiana Court of Appeals reaffirmed the forfeiture of a woman's car following the arrest of her son for driving while suspended. One judge dissented because she believes the search of the vehicle was unreasonable in light of the recent ruling.

The case of Virginia Meister v. State of Indiana and Union City, Ind., No. 68A04-0604-CV-196, came back to the Court of Appeals after SCOTUS remanded it for consideration in light of Arizona v. Gant, 556 U.S. __ 129 S. Ct. 1710 (2009). In Gant, the high court determined the expansive reading given to New York v. Belton, 453 U.S. 454 (1981), by courts over the years was too broad and that Belton should only permit an officer to conduct a vehicle search when an arrestee is within reaching distance of the vehicle or it is reasonable to believe the vehicle contains evidence of the offense of the arrest.

The Court of Appeals originally affirmed the forfeiture of Virginia Meister's car using Belton to support its decision. Meister's son, John Wymer, was arrested while driving her car with a suspended license. A police officer, who knew Wymer's license had been suspended, saw him driving and followed him into a convenience store parking lot. After confirming the license was still suspended, he approached the car and placed Wymer in handcuffs for driving with a suspended license. Wymer wasn't in the car at the time he was arrested. The officer found a hollowed out pen with powdery residue in it in his pocket and searched the car to find a pill bottle, which later tested positive for methamphetamine. Meister's car was seized as a result.

Judges Ezra Friedlander and James Kirsch acknowledged the search of the car wasn't justifiable under permissible Belton rationale, as clarified by Gant, but affirmed the search based on other reasoning. The majority concluded that an exception under Gant, as found in United States v. Ross, 456 U.S. 798, 820-821, 102 S.Ct. 2157, 72 L.Ed.2d 572 (1982), applies in the instant case. A search falls under the automobile exception when the vehicle is readily mobile and probable cause exists to believe it contains contraband or evidence of a crime, wrote Judge Friedlander. The officer had probable cause to believe a search of Wymer's car would uncover contraband or evidence of a crime because the officer knew of Wymer's drug past and had previously found drugs on him or in his car. In addition, the car he was driving when he was arrested was clearly operational, so it was readily mobile. Therefore, there's no violation of the Fourth Amendment, wrote the judge.

Judge Patricia Riley dissented because the appellate court was supposed to examine the case in light of Gant, and neither the possibility of access nor the likelihood of discovering offense-related evidence authorized the search. At the point the officer found the pen on Wymer, he didn't place him under arrest for possession of illegal substances nor did he field test the residue; another officer later did that. Wymer was secured prior to the search of his car and was not within reaching distance of its interior, she wrote.

"Wymer was arrested for driving with a suspended license - an offense for which the officers could not expect to find evidence in the vehicle," she wrote. "Because the officers could not reasonably have believed either that Wymer could have accessed his car at the time of the search or that evidence of the offense for which he was arrested might have been found therein, the search in this case, pursuant to Gant's directives, was unreasonable."

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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