ILNews

Transfer granted to out-of-state warrant case

Jennifer Nelson
May 29, 2009
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The Indiana Supreme Court granted transfer Thursday in a case involving an arrest in Indiana with an invalid Alabama warrant.

In David A. Shotts v. State of Indiana, No. 71A03-0808-CR-400, the Court of Appeals reversed David Shotts' conviction of carrying a handgun without a license with a prior felony, ruling the Alabama warrant used to arrest him was invalid pursuant to the Fourth Amendment and Indiana Constitution. The warrant didn't provide any facts from which a neutral magistrate could have drawn his own conclusion as to the existence of probable cause and the Alabama affiant merely alleged Shotts had committed a crime.

The appellate court also ruled the good faith exception isn't applicable to the evidence seized during Shotts' arrest. The state argued because Indiana officers executed the arrest warrant without actually seeing it, they can't be charged with knowledge of any defects and thus must have acted in good faith. But because the Alabama officer who obtained the warrant in the first place should have known his testimony was insufficient to support a probable cause determination, his actions preclude the good faith exception from applying in this case, the judges ruled.

"To the extent that the U.S. Supreme Court is limiting the viability of the exclusionary rule pursuant to the Fourth Amendment, we are not convinced that our supreme court will follow suit and diminish safeguards historically recognized pursuant to Article 1, Section 11 of the Indiana Constitution," wrote Judge Terry Crone.

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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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