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(DOWNLOAD) "Janet Sayre v. State Indiana" by Supreme Judicial Court of Massachusetts * Book PDF Kindle ePub Free

Janet Sayre v. State Indiana

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eBook details

  • Title: Janet Sayre v. State Indiana
  • Author : Supreme Judicial Court of Massachusetts
  • Release Date : January 05, 1984
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

On November 17, 1982 Officers Kern and Slayton of the Elkhart Police Department went to the defendants house to question her regarding a theft. Officer Kern stated at the suppression hearing that he felt he had probable cause to arrest her at that time for theft but had not expected to arrest her for drug violations. Two uniforned police officers were positioned at the back door while Kern and Slayton approached the front door. The defendants house is on a corner lot. The officers parked near the intersection, i.e. at an angle from the front door which faced the street. Kern and Slayton walked from their car directly to the front door.[Footnote 1] Kern stated that he walked onto the front porch and reached up to knock. Slayton had been walking behind him and stopped 6 to 15 feet from the front door and 5 feet from a front window which had its curtains open. The officers had arrived at approximately 6:40 p.m. and testified that it was dusk outside. Lights were on inside the kitchen making the people inside it clearly visible to Slayton. He stated he did not get close to the window which had a shrubbery box in front of it. Officer Kern knocked on the front door and stated police officers were present when questioned by a female inside. The female reacted by shouting "Police!" and ran away from the door. At the same time Slayton saw people at a kitchen table move rapidly away with what appeared to be drug paraphernalia. The officers proceeded inside and arrested the people present. While a search warrant was obtained by telephone the officers waited inside to secure the house. After the search warrant was issued, the house was searched and various materials, later determined to be controlled substances, were seized. The defendant was acquitted of possession of controlled substances and found guilty of maintaining a common nuisance, a Class D felony, after trial by jury. She was sentenced to four years in prison with all four years suspended and placed on probation for four years on the condition she serve 90 days in the Elkhart County Security Center. The defendant now appeals.


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