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Monday, December 29, 2008

Ind. Decisions - 7th Circuit issues one Indiana decision today

In U.S. v. Wooden (ND Ind., CJ Miller), a 6-page opinion, Judge Easterbrook concludes:

A constitutional obligation to defer action pending an investigation into the possibility that a 911 caller may be out to cause mischief would cripple the emergency- response system; far better to act quickly and later prose- cute any mischief-makers who can be caught. Judges must not underestimate the value of deterrence for 911 callers, as well as for those who may be committing other crimes, for as this case shows callers’ identity may be pinned down with enough time, whether or not they identify themselves. If this 911 call was an effort by someone who knew an incriminating fact (that Wooden was carrying a gun) to mislead the police by asserting something else that was not true (that Wooden had drawn his gun to intimidate a companion), the best remedy is to prosecute the caller rather than allow a gun-toting felon to escape punishment. The judgment of the district court therefore is AFFIRMED.

Posted by Marcia Oddi on December 29, 2008 12:49 PM
Posted to Ind. (7th Cir.) Decisions