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Police following drug package wire into home unconstitutional, COA rules

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Police violated Fourth Amendment protections against unreasonable search and seizure when they used a parcel wire to track the opening of a shipment of marijuana in an Indianapolis man’s home, the Indiana Court of Appeals held Tuesday.

There were no exigent circumstances excepting the warrant requirement, the panel ruled, upholding the Marion Superior Court’s grant of a motion to suppress evidence. The state appealed that ruling, and the Court of Appeals unanimously affirmed in State of Indiana v. Gregory Lagrone, 49A05-1203-CR-135.

Lagrone was charged with Class D felony counts of dealing marijuana and possession of marijuana after police intercepted a package of marijuana shipped to a hotel in northwest Indianapolis, placed a GPS device and a “parcel wire” into the package, and called Lagrone to pick it up.

Indianapolis Metropolitan Police Department officers followed Lagrone after he picked up the package and waited for a signal from the parcel wire that would be triggered when the package was opened and exposed to light.

When police received a signal the package was open, they knocked on the door and announced themselves as police, but no one answered. They forcibly entered the home, secured it and then requested and obtained a warrant. The trial court granted Lagrone’s motion to suppress evidence recovered from the search.

“We conclude that the warrantless use of the parcel wire to monitor the package within Lagrone’s house violated the Fourth Amendment,” Judge Edward Najam wrote for the panel. “Due to that violation … the State cannot justify its warrantless intrusion into Lagrone’s home under the exigent circumstances exception to the Fourth Amendment.”

The ruling did not place restrictions on the use of GPS systems and parcel wires as investigatory tools, however.

“In sum, we conclude that the installation of the GPS device and the parcel wire into the package Lagrone picked up from the hotel did not violate the Fourth Amendment because any privacy interest Lagrone had in the package was lost when UPS opened the package,” Najam wrote. “Nor did the police monitoring of the GPS device to track the package en route to Lagrone’s home violate the Fourth Amendment, because officers also tracked Lagrone on the highway visually. Moreover, the evidence presented does not show that the GPS monitoring continued after Lagrone carried the package into his home.

“But the police then monitored the package without a warrant via the parcel wire after the package was inside Lagrone’s home. The information obtained from that device, namely, that the package had been opened, could not have been observed from outside the home. As such, the receipt of that information via the parcel wire without a warrant violated Lagrone’s Fourth Amendment rights.”






 

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. 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

  3. 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

  4. 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

  5. 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.

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