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Judges uphold drug convictions and sentence

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A defendant’s argument that his Fourth Amendment rights were violated when police searched his vehicle and found pills failed because the man abandoned his vehicle after the traffic stop. By fleeing, he relinquished any reasonable expectation of privacy in the car, the Indiana Court of Appeals held.

A police officer initiated a traffic stop of Douglas Wilson Jr.’s car after the officer saw Wilson’s car parked in a handicapped spot without a proper plate or permit. After running the vehicle plate, the officer found that Wilson’s license was suspended and he had outstanding arrest warrants. While the officer was radioing about the traffic stop, Wilson got out of his car, locked the doors, and fled.

Police decided to tow the car and found hydromorphone and morphine sulfate pills and cellophane wrappers in the car that were prescribed to Wilson’s girlfriend. Police later found Wilson, and he was convicted of Class B felony dealing in a narcotic drug, Class D felony possession of a narcotic drug, Class A misdemeanor resisting law enforcement, and Class A misdemeanor operating a vehicle while suspended.

His motion to suppress the drugs found in the car was denied at trial. On appeal in Douglas P. Wilson, Jr. v. State of Indiana, No. 79A05-1107-CR-350, Wilson claimed that admitting the evidence found in the car violated the Fourth Amendment because the officer’s search was unreasonable because it was an improper inventory search. Wilson abandoned his vehicle after the officer initiated a traffic stop, and the judges found his argument that he locked his car and took the keys with him unpersuasive.

There was sufficient evidence to support his drug convictions as Wilson had constructive possession over the pills and a witness saw Wilson trying to sell some of the pills the day before he was pulled over by police. The judges also upheld his 13-year sentence.

 

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  1. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  2. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  3. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  4. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

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