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Man’s claims that protective sweep, search are unconstitutional fail

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A protective sweep and subsequent search of a house following the issuance of a search warrant were reasonable under the federal and state constitutions, the Indiana Court of Appeals ruled. The defendant argued that the scope of the sweep – which led to the discovery of drugs and paraphernalia – was impermissibly broad.

Shelby County Sheriff’s Department detectives went to Floyd Weddle’s home to serve a search warrant for theft and false informing. They also learned that Weddle and Vicki Hall were manufacturing and dealing in methamphetamine. The cars of Weddle and Hall were parked outside the home. When police knocked, they saw the blinds move in the home and heard movement in the house. They entered and saw Weddle and immediately placed him in custody.

The officers heard movement in the back of the house. Hall was in a bedroom and came out. Weddle then said he wasn’t sure if anyone else was in the house, so one sergeant performed a brief protective sweep through open doors and some rooms in the house. They found Lindsay Burton hiding behind a blanket in a bedroom. While searching, police smelled meth and saw a marijuana plant. Weddle refused to allow officers to search the rest of the house, so a search warrant was obtained, which led to more drug evidence. Weddle was charged with and convicted of several drug offenses.  

In Floyd Weddle v. State of Indiana, 73A01-1209-CR-452, Weddle argued the protective sweep and warrantless search of the home was unreasonable under the Fourth Amendment and Article I, Section 11 of the Indiana Constitution. The appellate judges found the scope of the protective sweep was not excessive under either Constitution.

“We find that the protective sweep of Weddle’s residence was justified because the police officers searched only adjoining rooms from which an attack could immediately occur,” Judge John Baker wrote, pointing to Maryland v. Buie, 494 U.S. 325, 334-35 (1990), and Hannibal v. State, 804 N.E.2d 206 (Ind. Ct. App. 2004). “We further find that the protective sweep was permissible because the officers had specific articulable facts that an individual, who could jeopardize their safety, was hiding in the back of the house.”

Regarding the Indiana constitutional claims, the judges found the circumstances supplied the officers with a high degree of concern that someone else could be hiding in the house and attack them. As such, the protective sweep and subsequent search following the issuance of the search warrant were reasonable.

 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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