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Man who sped through construction zone loses appeal

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A man who a state trooper stopped for following too closely through an Interstate 70 construction zone lost his appeal arguing that admission of evidence violated the Fourth Amendment and was fundamental error.

After Kevin Mamon was stopped, Indiana State Police trooper Matthew Wilson said he appeared intoxicated and produced an ID card when asked for his license. As the trooper was verifying that Mamon had a suspended license, Mamon exited his Jeep and began walking along the side of the road, according to the record.

Wilson repeatedly ordered Mamon back in his vehicle, and after he ultimately complied, he sped away, driving up to 80 mph through the work zone, “running people off the road,” and forcing the trooper to end pursuit because of the danger. Mamon was arrested by other troopers.

Mamon appealed his conviction of Class D felony resisting law enforcement, Class A misdemeanor criminal recklessness and Class B misdemeanor reckless driving and enhancement for being a habitual offender. He had failed to preserve an objection to admission of evidence, so he asked the panel to find fundamental error.

The panel declined, relying on Brown v. State, 929 N.E.2d 204, 207 (Ind. 2010).

“(W)here there is ‘no claim of fabrication of evidence or willful malfeasance on the part of the investigating officers and no contention that the evidence is not what it appears to be,’ the claimed error in admission is not fundamental,” Senior Judge Randall Shepard wrote in Kevin J. Mamon v. State of Indiana, 30A01-1301-CR-47.

“In the current case, as in Brown, there is no claim of evidence fabrication or willful malfeasance on the part of law enforcement. To the contrary, Mamon argues Wilson merely misunderstood the law governing tailgating. Mamon does not dispute the truth of Wilson’s testimony and related exhibits. Like the Supreme Court in Brown, we see no grounds for reversal.”

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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