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Tuesday, October 06, 2009

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

In U.S. v. Carson (SD Ind., Judge McKinney), a 14-page opinion, Judge Wood writes:

On appeal, Carson’s primary argument is that evidence critical to his conviction should have been suppressed because probable cause did not support the issuance of the search warrant. In the alternative, he asserts that the affidavit supporting the application for the warrant contained material false statements. Finally, he argues that his confession should have been suppressed because the large quantities of drugs and alcohol that he ingested prior to his arrest and confession invalidated his waiver of his Miranda rights. We conclude that the district court correctly refused to suppress both the evidence and the confession, and we thus affirm its judgment.

Posted by Marcia Oddi on October 6, 2009 12:38 PM
Posted to Ind. (7th Cir.) Decisions