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Mother, wife could consent to search of home for meth

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A man convicted of making methamphetamine objected to his conviction, arguing that his mother, who he claims has Alzheimer’s disease, and his wife did not have the authority to allow police to search his home on the report he was making the drug.

Jennifer and Casey Walker lived with Casey Walker’s mother, Mary Walker, who owned the home. Casey Walker served as her power of attorney, but his mother was not under a guardianship. Jennifer Walker saw her husband put something into a plastic bottle and smelled a chemical odor, so she believed he was making meth. She took her mother-in-law to her sister’s home and called police.

Police met with the wife and mother, and they consented to police entering the house. Police knocked on the door several times and went inside after receiving no response. They placed Casey Walker in handcuffs and noticed a chemical odor in the home. Officers also saw objects related to the manufacturing of meth. This led to a search warrant, where officers found other related items.

Casey Walker sought to suppress the evidence, claiming the search warrant wasn’t valid and his wife and mother couldn’t authorize police to enter the home. His motions were denied, and he was convicted of Class A felony manufacturing meth and sentenced to 30 years.

In Casey Walker v. State of Indiana, 76A04-1204-CR-207, Casey Walker argued his mother was incompetent and could not consent. But at the time of the search, Mary Walker wasn’t under a guardianship and was not divested of making decisions for herself, Judge John Baker wrote. In addition, Casey Walker didn’t present any evidence regarding his mother’s mental capacity.

The judges found Jennifer Walker had the ability to consent to the search: She is Casey Walker’s wife and they live in the same home. They also found the case distinguishable from Georgia v. Randolph, 547 U.S. 103 (2006).

“Unlike in Randolph, there is no indication that Walker explicitly refused consent. Thus, the trial court properly admitted the evidence discovered during the search, and we affirm the decision of the trial court,” Baker wrote.

 

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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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