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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. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

  2. Such is not uncommon on law school startups. Students and faculty should tap Bruce Green, city attorney of Lufkin, Texas. He led a group of studnets and faculty and sued the ABA as a law student. He knows the ropes, has advised other law school startups. Very astute and principled attorney of unpopular clients, at least in his past, before Lufkin tapped him to run their show.

  3. Not that having the appellate records on Odyssey won't be welcome or useful, but I would rather they first bring in the stray counties that aren't yet connected on the trial court level.

  4. Aristotle said 350 bc: "The most hated sort, and with the greatest reason, is usury, which makes a gain out of money itself, and not from the natural object of it. For money was intended to be used in exchange, but not to increase at interest. And this term interest, which means the birth of money from money, is applied to the breeding of money because the offspring resembles the parent. Wherefore of an modes of getting wealth this is the most unnatural.

  5. Oh yes, lifetime tenure. The Founders gave that to the federal judges .... at that time no federal district courts existed .... so we are talking the Supreme Court justices only in context ....so that they could rule against traditional marriage and for the other pet projects of the sixties generation. Right. Hmmmm, but I must admit, there is something from that time frame that seems to recommend itself in this context ..... on yes, from a document the Founders penned in 1776: " He has refused his Assent to Laws, the most wholesome and necessary for the public good."

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