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Thursday, May 18, 2006
Ind. Decisions - Yet another decision posted by Supreme Court today
(Fortunately, Michael Ausbrook developed RSS links for the Court site, as the ILB has generally checked the site only once a day, in the morning, when Court of Appeals decisions are posted all at once -- as Supreme Court opinions have been in the past...)
In Scott S. Holder v. State of Indiana, a 13-page opinion Justice Dickson writes:
In this interlocutory appeal, the defendant, Scott S. Holder, challenges the trial court's denial of his motion to suppress evidence of a methamphetamine laboratory, finished metham-phetamine product, and reagents and precursors of the drug found in his home and on his person on January 14, 2003. He was charged with four counts related to the manufacture and possession of the drug and paraphernalia, one count of maintaining a common nuisance, and one count of neglect of a dependent. The Court of Appeals reversed. Holder v. State, 824 N.E.2d 364 (Ind. Ct. App. 2005). We granted transfer, Holder v. State, 831 N.E.2d 745 (Ind. 2005), and we now affirm the trial court's denial of the defendant's motion to suppress. * * *We conclude that evidence supports the trial court's denial of the defendant's motion to suppress based upon his claimed violation of Art. 1, § 11.
Having previously granted transfer, we affirm the trial court's denial of the defendant's motion to suppress evidence of the methamphetamine manufacturing operation conducted in his home. The police conduct did not violate the illegal search and seizure provisions contained in either the Fourth Amendment to the United States Constitution or Art. 1, § 11, of the Indiana Constitution.
Posted by Marcia Oddi on May 18, 2006 04:02 PM
Posted to Ind. Sup.Ct. Decisions