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No constitutional violations occurred when police entered home

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A man’s federal and state constitutional rights were not violated when police officers entered his home without a warrant based on concerns an injured animal or person may be inside.

Police and animal control officers were called to Jonathan Carpenter’s home based on a report of four dogs fighting. When they arrived, they saw the dogs running in and out of the home through an open door. An officer captured three of the dogs and decided to enter the home to search for the fourth dog to make sure there were no other injured animals or people inside. What appeared to be blood was on the walls. No one responded when the officers announced their presence. While searching for the animal, officers found marijuana plants.

Carpenter arrived home while the police were there and was taken into custody. A search warrant was obtained based on what the officers saw in the home, and Carpenter was charged with various drug offenses.

Carpenter filed a motion to suppress, saying the search violated his Fourth Amendment rights under the U.S. Constitution and Article 1, Section 11 of the Indiana Constitution. The trial court denied his motion, which the appeals court affirmed. The judges found exigent circumstances allowed the officers to execute a warrantless search of the home.

“The trial court did not err when it denied Carpenter’s motion to suppress the evidence against him because the officers had reasonable suspicion to believe a violent crime might have occurred, properly executed a search of the premises for that purpose, and the search did not violate Carpenter’s Fourth Amendment rights,” Judge Melissa May wrote in Jonathan D. Carpenter v. State of Indiana, 02A05-1304-CR-207.

They also found no violation under the Indiana Constitution because the officers had reasonable suspicion there was an injured person inside the home.
 

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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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