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Justices: Search didn't violate 4th Amendment

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A warrantless search of a probationer's property that is conducted reasonably and supported by a probation search term and reasonable suspicion of criminal activity, doesn't violate Fourth Amendment rights, the Indiana Supreme Court held today.

In State of Indiana v. Allan M. Schlechty, No. 38S04-0905-CR-246, the state appealed the trial court grant of probationer Allan Schlechty's motion to suppress drugs and paraphernalia found in his car during a warrantless search. A probation officer and police responded to a report that Schlechty tried to lure a young girl into his car. They believed they could search the car because conditions of his probation included he shall "behave well," not commit any other criminal offenses, and Schlechty had agreed to submit to reasonable warrantless searches.

A split Indiana Court of Appeals affirmed granting the motion, but the Supreme Court reversed. In doing so, the justices analyzed Griffin v. Wisconsin, 483 U.S. 868 (1987), and United States v. Knights, 534 U.S. 112 (2001). A warrantless search under Griffin may be justified on the basis of reasonable suspicion to believe a probation violation has occurred because supervision of probationers is needed to ensure restrictions are followed and the community isn't harmed by having the probationer at large, wrote Justice Robert Rucker. Under Knights, even if there is no probationary purpose at stake, a warrantless search may be justified on the basis of reasonable suspicion to believe the probationer has engaged in criminal activity and that a search condition is one of the terms of probation.

The trial court ruled the search of the car was unreasonable because the state didn't present specific articulable facts from which to conclude there was reasonable suspicion that the search was necessary.

"It appears to us that the trial court may have conflated two different concepts: the 'reasonableness' of the search under the Fourth Amendment on the one hand, versus 'reasonable suspicion' to support the search on the other," wrote Justice Rucker.

But there wasn't anything unreasonable about the search of the car because it was apparently used to try to lure a young girl. Schlechty's conduct implicated the possible criminal offenses of stalking and attempted confinement. The U.S. Supreme Court has consistently held that an officer's subjective motivation for a search is measured against an objective standard of reasonableness. Viewed objectively, the officers had reasonable suspicion to believe criminal activity had occurred even though their subjective motives for the search may have suggested otherwise, wrote Justice Rucker.

The justices remanded the case for further proceedings.

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  1. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  2. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  3. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

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