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7th Circuit affirms denial of motion to suppress search of car

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The 7th Circuit Court of Appeals has upheld the denial of an automobile passenger’s motion to suppress evidence found in the car during a traffic stop, which led to his eventual pleading guilty to a heroin offense. The judges found no error by the District judge in crediting the testimony of the police officer who pulled the vehicle over because he believed the speed it was traveling and distance to the car in front of it violated Indiana law.

John Peters III was the passenger in a maroon Toyota Scion that was traveling closely behind a white GMC Denali. A Greenfield police officer initiated a traffic stop of the Denali, with Hancock County Sheriff’s Deputy Nick Ernstes initiating a stop of the Scion. Ernstes estimated the Scion was between 50 and 75 feet behind the Denali and traveling around 60 mph. He believed the combination of this high speed and short distance allowed less than two seconds of breaking time between the vehicles, and thus violated I.C. 9-21-8-14 by following too closely.

Ernstes smelled burnt marijuana when Peters rolled his window down and saw what he believed to be marijuana on Peters’ clothing. The deputy decided to search the car and found a marijuana stem in the car as well as a drill with a sticky substance on it. That substance matched that found on the screws of a panel concealing a kilogram of heroin in the Denali.

Peters moved to suppress the evidence found during the traffic stop, but later pleaded guilty to conspiracy to possess with intent to distribute heroin. The motion was denied.

The 7th Circuit concluded that Judge Jane Magnus-Stinson did not err in concluding that probable cause existed to believe that a driver followed another too closely under Indiana law when fewer than two seconds of breaking time separated the vehicles. Ernstes testified that he used the two-second rule described in the Indiana Driver’s Manual in determining a safe following distance regarding how long it takes for a car to break depending on its speed.

“[T]he district court committed no error in crediting the testimony of an experienced police officer that after observing two cars traveling in tandem for a period of time, he credibly believed that the trailing car was approximately seventy-five feet behind the lead car at a speed of approximately sixty miles per hour. If an officer knowing these facts could reasonably conclude that this combination of speed and distance violated Indiana law, that is all that is necessary to support probable cause,” Judge Ilana Rovner wrote in United States of America v. John A. Peters III, 12-3830.

The judges also upheld the search, noting they have previously held that a police officer who smells marijuana coming from a car has probable cause to search that car.
 

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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