Drugs

Majority: Trooper’s questioning violated Seatbelt Enforcement Act

July 27, 2016
Jennifer Nelson
A state trooper’s recollection of a woman’s name on a national drug registry does not provide an independent basis of reasonable suspicion justifying him to investigate more than a seat belt violation that initiated the traffic stop, the Indiana Court of Appeals held in a 2-1 decision. As such, the judges reversed the woman’s motion to suppress evidence that led to a drug charge.
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Man loses appeal over search that led to cocaine charges

July 26, 2016
Dave Stafford
A man on trial for Class A felony counts of dealing cocaine and conspiracy to deal cocaine lost his appeal Tuesday seeking to suppress evidence found in a search of his car.
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COA: Needles near bottle cap support drug conviction

July 26, 2016
Marilyn Odendahl
A defendant was unable to convince the Indiana Court of Appeals that the evidence was insufficient to conclude that he intended to use the two syringe needles found in his clothes to inject heroin.
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Howard County prosecutor opposes proposed syringe exchange

July 26, 2016
 Associated Press
A central Indiana county prosecutor says he opposes a proposed syringe exchange program, saying it is no way to solve the drug problem.
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Court rules detention of youth who reported drug justified

July 26, 2016
Marilyn Odendahl
A probation officer who arrested and detained a middle school student for violating court policy has quasi-judicial immunity against charges of negligence and constitutional violations.
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7th Circuit: Insurer must defend against pill mill lawsuit

July 25, 2016
Marilyn Odendahl
An insurance company will have to defend its client pharmaceutical distributor in fending off a West Virginia lawsuit seeking restitution for the epidemic of prescription drug abuse.
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DCS director to speak before drug task force

July 25, 2016
IL Staff
Indiana Department of Child Services director Mary Beth Bonaventura is scheduled to discuss child mental health and substance abuse issues at the Governor’s Task Force on Drug Enforcement, Treatment and Prevention Tuesday at Community Hospital East.
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Doctor’s criminal charges provide 2 first impression issues

July 14, 2016
Jennifer Nelson
The Indiana Court of Appeals had to decide two issues of first impression Thursday in an appeal regarding charges of reckless homicide and issuing an invalid prescription for legend drugs by a practitioner against an Indianapolis doctor.
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Justices: Houseguest couldn’t consent to home search

July 8, 2016
Jennifer Nelson
The Indiana Supreme Court held Thursday that a houseguest at a home in which police discovered drugs did not have the apparent authority to consent to a search of the house.
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COA majority rules dog sniff did not prolong stop

June 30, 2016
Scott Roberts
The Indiana Court of Appeals reversed a woman’s motion to suppress evidence found at a traffic stop in a 2-1 decision after the court ruled the stop was not extended by an officer’s check of the car with his dog.
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Evidence found during arrest for public intox is admissible, COA rules

June 30, 2016
Scott Roberts
The Indiana Court of Appeals upheld a man’s misdemeanor cocaine possession conviction after it held the search an officer conducted after finding the man asleep in his car did not violate his Fourth Amendment rights and thus the trial court did not abuse its discretion by admitting the cocaine found during the search.
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Sister of kidnapped Indianapolis siblings gets probation

June 22, 2016
 Associated Press
An Indianapolis woman whose two teenage siblings were kidnapped and held for ransom won't serve any jail time for her involvement in the case.
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Reynolds wins at US high court in EU drug-money lawsuit

June 20, 2016
 Bloomberg News
A divided U.S. Supreme Court threw out a European Union suit that accused Reynolds American Inc. of orchestrating a global scheme to launder drug money, in a ruling that limits the reach of a federal racketeering law that can impose heavy damage awards.
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Novel FedEx drug-shipping case left to skeptical judge at trial

June 13, 2016
 Bloomberg News
Proving to jurors that FedEx Corp. is a criminal because it delivered illegal prescriptions from Internet drug stores was never going to be easy. Convincing a federal judge who questioned the “novel prosecution” may be even tougher.
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Obama commutes drug sentence of South Bend man

June 6, 2016
 Associated Press
President Barack Obama has commuted the 20-year sentence of a South Bend man imprisoned in 2004 after pleading guilty to federal drug-trafficking charges.
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States ban kratom supplement over abuse worries

May 20, 2016
 Associated Press
Kratom, a little-known plant-based substance often sold as an herbal supplement to address chronic pain, is raising alarm bells in states concerned that it could be as addictive as heroin.
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COA: Search under probation did not violate Fourth Amendment

May 18, 2016
Scott Roberts
The Indiana Court of Appeals found a warrantless search of property did not violate a man's Fourth Amendment and Indiana Constitutional rights and upheld the denial of his motion to suppress evidence after he was convicted of two methamphetamine counts.
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COA upholds conviction, trims sentence in heroin case

May 18, 2016
Scott Roberts
The Indiana Court of Appeals upheld a man's conviction but reduced his sentence for dealing heroin even though he didn't actually participate in the transaction in one of the counts.
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Statewide crisis of CHINS stretches judicial resources

May 18, 2016
Marilyn Odendahl
The increase in filings of juvenile children in need of services petitions across the state has been growing steadily since 2011 but ballooned to 14,227 in 2014 and could likely top 17,500 for 2015.
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Indiana sues to keep silver bars, coins seized from property

May 12, 2016
 Associated Press
The state of Indiana is suing to retain ownership of 458 silver bars valued at $220,000 that were seized from a northern Delaware County property last November.
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Scientific basis for laws on marijuana, driving questioned

May 10, 2016
 Associated Press
Six states that allow marijuana use have legal tests to determine driving while impaired by the drug that have no scientific basis, according to a study by the nation's largest automobile club that calls for scrapping those laws.
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Gilead judge re-opens case amid claim Merck scientist lied

May 2, 2016
 Bloomberg News
A federal judge re-opened Merck & Co.’s patent case against Gilead Sciences Inc. over a hepatitis C drug amid claims that an ex-Merck scientist lied to a jury that awarded the company $200 million in damages.
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Nebraska, Oklahoma join suit to halt Colorado marijuana law

April 29, 2016
 Associated Press
Nebraska Attorney General Doug Peterson and his counterpart in Oklahoma are joining a lawsuit aimed at halting legal marijuana in Colorado.
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Wayne County prosecutor creates drug treatment program

April 28, 2016
 Associated Press
An eastern Indiana prosecutor is starting a new treatment program for drug offenders that he hopes will end the cycle of addiction.
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Supreme Court upholds felony dealing conviction

April 26, 2016
Scott Roberts
The Indiana Supreme Court affirmed a man's conviction for Class A felony dealing in a narcotic drug within 1,000 feet of school property and being a habitual substance offender. The decision went against the Indiana Court of Appeals, which overturned his conviction based on lack of evidence.
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