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Judges reverse marijuana conviction

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The search of the car driven by a defendant violated the Fourth Amendment, the Indiana Court of Appeals ruled, so the trial court abused its discretion in admitting evidence obtained through an inventory search of the car.

In Meschach Berry v. State of Indiana, No. 49A04-1109-CR-474, Meschach Berry drove a relative’s car to a car wash to pick up his last paycheck from the company. When he learned the paycheck wasn’t available, he parked his car at the company’s entrance and blocked traffic. Indianapolis Metropolitan Police responded to a call and told Berry to move the car. He moved it to the self-service vacuum bay area.
 
After discovering Berry had a suspended license, police asked if the car was insured so someone could drive it home. Berry was unsure, so police decided to tow the car and proceeded to conduct an inventory search of the car. Police found marijuana and a digital scale inside. The police did not create formal inventory sheets detailing Berry’s personal effects. He was charged with and convicted of possession of marijuana as a Class A misdemeanor.

Berry made several arguments on appeal as to why the trial court abused its discretion in denying his motion to suppress and admitting the evidence, but the COA only agreed with his argument that the state didn’t prove that the decision to impound the car was consistent with standard procedures followed by the IMPD. The record lacks any evidence of IMPD policy on impoundment, so the judges were unable to say whether the decision to impound the car was in keeping with such policy.

The judges reversed Berry’s drug conviction.  

 

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  1. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

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