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Trial court errantly suppressed DUI evidence

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A Marion Superior Court should not have suppressed evidence of intoxication of a man who was taken to a roll-call station on suspicion of drunken driving, the Indiana Court of Appeals ruled.

Police pulled over William Gilbert after they said he ran a stop sign. Police said they detected the odor of alcohol and Gilbert stumbled as he exited his vehicle, at which time he was taken in for testing.

“These observations are sufficient to constitute probable cause, and therefore, Gilbert’s arrest and transport to the roll call site did not violate his rights under the Fourth Amendment,” Chief Judge Margret Robb wrote.

The state dismissed the charges against Gilbert after evidence was suppressed, but pursued this appeal, State of Indiana v. William Gilbert, 49A05-1303-CR-140.

The trial court didn’t rule based on Gilbert’s argument that officers failed to inquire about his false teeth, thus rendering breath test results inadmissible. The Court of Appeals, though, was chomping to address the question and found Guy v. State, 823 N.E.2d 274, 275 (Ind. 2005), provided guidance. In that case, an argument that a tongue stud made breath tests inadmissible was rejected.

“We believe our supreme court’s decision in Guy precludes Gilbert’s argument that his false teeth make the breath test results inadmissible,” Chief Judge Margret Robb wrote for the panel.
 

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  1. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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