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Judges find evidence properly admitted in drug case

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North Manchester resident Michael Carpenter lost his attempt before the Indiana Court of Appeals to have evidence tossed out that was collected when police officers arrived at his home attempting to serve an arrest warrant for a different man. Police believed the man being sought lived at Carpenter’s residence.

Wabash County Sheriff’s deputies were attempting to serve an arrest warrant for Austin Howard. The arrest warrant for Howard listed his last known address as an intersection in the county. Deputies asked North Manchester police officer Jeremy Jones to assist with the address. Jones told deputies Howard lived at a nearby house. Frank and Emily Price now live at that home with Carpenter.

When deputies arrived to serve the warrant, Deputy Matthew Cox saw something come out of a side window to the bathroom. He saw several people in the bathroom, including Carpenter, who was dumping something into the toilet. Cox yelled to stop and that he was a police officer. Officers saw what they believed were items used to make methamphetamine in the bathroom. They obtained a search warrant and later arrested Carpenter.

He was charged with Class B felony conspiracy to commit dealing in meth and Class D felony maintaining a common nuisance, but he was only convicted of the drug charge. Carpenter’s attorney made repeated objections to the initial search.

In Michael Carpenter v. State of Indiana, 85A05-1202-CR-57, Carpenter argued that police didn’t have a legitimate reason for being on the property because Howard had not lived at the property for a couple of years and the officers did not have reason to believe that Howard was at the property. Carpenter also claimed that Cox’s initial entry into the side yard, looking into the window, and returning to the window with another deputy was unlawful.

The Court of Appeals wasn’t persuaded by Carpenter’s claims his Fourth Amendment rights were violated. The judges concluded the arrest warrant was valid and the officers had the authority to walk around the curtilage, where they could notice things in plain view such as through a bathroom window, Judge Michael Barnes wrote.

The appellate court also found that Carpenter waived his state constitutional argument, but even if he hadn’t, he would not prevail.  

 

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  1. 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.

  2. 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

  3. 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

  4. 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

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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