« Ind. Gov't. - More on "Indiana offers little regulation for home schooling" | Main | Ind. Decisions - "Appeals court overturns Patricia Tackett convictions" »

Tuesday, May 17, 2011

Ind. Decisions - "Carrying cash isn't proof of drug dealing"

The COA May 12th decision in the case of Erodney Davis v. State of Indiana is the subject of a story by Dan Carden of the NWI Times. It begins:

Just because a person is carrying lots of cash, that doesn't make them a drug dealer, the Indiana Court of Appeals has ruled.

In a 3-0 decision, the appeals court threw out the testimony of two Gary police officers who said the $466 -- 31 $1 bills, 13 $5 bills, five $10 bills and 16 $20 bills -- carried by Erodney Davis was indicative of drug dealing.

At trial in Lake County, Judge Diane Ross Boswell allowed the "skilled" testimony of the officers who said, based on their experience with the narcotics unit, the number of bills and their denominations were typical of drug dealers.

Judge John Baker, writing for the appeals court, said a pile of miscellaneous cash is not evidence of drug dealing.

"We find this conclusion too speculative, inasmuch as the money could have come from tips, a recent visit to the bank or many other legal sources," Baker said.

Posted by Marcia Oddi on May 17, 2011 11:23 AM
Posted to Ind. App.Ct. Decisions