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Justices rule officer didn't search car to find gun

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The Indiana Supreme Court has upheld a man’s firearm conviction, finding the police officer who found a handgun in the man’s car during a traffic stop wasn’t searching the car when he saw the gun.

Cedric Lewis appealed his conviction of unlawful possession of a firearm by a serious violent felon and his 12-year sentence. Indianapolis Metropolitan Police Officer Romeo Jonson pulled Lewis’ car over after Lewis changed lanes without signaling. Lewis’ license had been suspended, so Jonson thought the car would be towed. He stuck his head in the car through the open driver’s side door to tell the passenger to get out of the car when he saw a handgun wedged between the driver’s seat and the center console.

The Indiana Court of Appeals reversed, but in Cedric Lewis v. State of Indiana, No. 49S02-1010-CR-619, the justices agreed with the lower court’s conviction of Lewis. In the five-page opinion, Chief Justice Randall T. Shepard wrote that Jonson’s discovery of the gun didn’t constitute a search under the Fourth Amendment or Article 1, Section 11 of the Indiana Constitution. Caselaw has held that a search involves an exploratory investigation and opening or looking into areas. There is no search when police look into cars during traffic stops, he wrote. Also, discovering items in plain view is not a search.

Jonson didn’t open any compartments, move any objects, or pull back anything to see the gun, so the officer wasn’t searching the car when he saw the gun.

The justices also upheld Lewis’ sentence, denying the defendant’s request to shorten his sentence.
 

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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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