An illegal arrest doesn’t automatically throw out a confession
Facts Samantha, who was 11 or 12 years old, told a friend that Ryan Catledge, her 20 year old step brother, had been having sex with her. The police learned of this and went to the home to speak with Samantha’s mother. They were speaking outside when Catledge emerged from the house. Police were surprised […]
Anonymous tip for traffic stop not enough in this case
Facts In 2011, a reservoir patrol officer received a BOLO for a vehicle that was driving erratically and possibly flashing a badge of some sort. The officer did not know who made the call and to his knowledge it was anonymous and not corroborated. The officer saw the vehicle and observed it for a short […]
Knife properly collected under automobile exception and/or plain view seizure
Facts Trevor Hoskins and Linda Taylor were in a relationship and driving home one night when they had an argument about ex-boyfriends. As Hoskins drove past the house, he went to an area where people fish and stopped the car. When she refused to get out, he started hitting her. He dragged her out of […]
Refusing to put hands on car is disorderly conduct in this case
Facts In 2011, New Albany Police Department received a report that shots had been fired in the vicinity of Madison Street, Garfield Street, or Hayes Street. Officer Ben Kent responded and while on the way, the report was updated to state that the suspects were driving a tan Cutlass. When Officer Kent heard this new information, […]
Throwing keys in parking lot of grocery store and running is an abandonment of your vehicle for 4th amendment purposes
Facts In 2012, Adams County Sheriff’s Deputies spotted Verenzo Green with several other men standing by a vehicle with its trunk open outside of a grocery store. Green had an outstanding warrant for a burglary committed one month before. When Green saw the officers, he closed the trunk, threw a set of car keys down, […]
A second Terry frisk and lifting a shirt in a Terry frisk is permissible
Facts In 2012, MBN Agent Clint Walker received information from a known confidential informant who had provided reliable information in the past that two African American males would be traveling from Winston County in a green SUV with a Holmes County license plate and were transporting approximately two ounces of crack cocaine. Two hours later, […]