cannabisnews.com: Court: Search of Trash Was Wrong Court: Search of Trash Was Wrong Posted by CN Staff on August 01, 2006 at 05:34:20 PT By The Associated Press Source: Associated Press Indiana -- The government might have to give back more than $57,000 in confiscated money and property as a result of a bad tip. A judge approved the transfer of $57,060 in cash plus jewelry and firearms to federal authorities after it was seized during a drug raid in Indianapolis.But the state Court of Appeals overturned the judge's order on Monday, finding that the case against George Membres III was based on an unconstitutional search of his trash. The judges ruled 2-1 that police didn't have good enough reason to search Membres' trash in March 2005, when Marion County Sheriff's Deputy Scott Wildauer found plastic bags, possible marijuana remnants, rolling papers and other evidence that led a judge to issue a search warrant.Wildauer searched the trash after a confidential informant told the deputy he was "pretty sure" that Membres was selling marijuana out of his home.After obtaining the warrant, police searched Membres' home and found marijuana, money, jewelry and four guns, according to court records.Membres filed a motion to suppress the evidence when the state sought to turn the money over to the federal government, arguing the trash search violated his constitutional right against unreasonable search and seizure. The trial judge denied his request but stayed the transfer order pending appeal.No criminal charges have been filed against Membres. There was no number under his name in published Indianapolis listings so he could not be reached for comment.While police can legally search a person's trash, Judge James S. Kirsch wrote, they cannot search people's trash indiscriminately."There is, however, a question as to whether Deputy Wildauer had reasonable suspicion to search Membres trash," Kirsch wrote in the 11-page ruling. "If Deputy Wildauer did not have reasonable suspicion to search the trash, he could not legally have found the marijuana evidence in the trash and could not have used that evidence to establish probable cause for the search warrant of Membres residence."The informant's statement that he was "pretty sure" Membres was selling marijuana was not specific enough to justify the search, the court ruled, and police did not sufficiently demonstrate the informant's reliability."The information was not based on any observations of criminal activity by the informant; he only told Deputy Wildauer that he was "pretty sure" that Membres was dealing marijuana in an unknown quantity in excess of twenty pounds," the ruling said.Judge L. Mark Bailey dissented, saying that he believed police had acted in good faith.Source: Associated Press (Wire)Published: Tuesday, August 1, 2006Copyright: 2006 Associated Press CannabisNews Justice Archiveshttp://cannabisnews.com/news/list/justice.shtml Home Comment Email Register Recent Comments Help Comment #16 posted by FoM on August 04, 2006 at 18:19:40 PT Dankhank Thank you. I know that it would be a very scary thing to be so dependent on a city for survival. I have always felt uncomfortable where many people live. If the whole system crashed how would people make it? A person can get by in the country. [ Post Comment ] Comment #15 posted by Dankhank on August 04, 2006 at 18:01:30 PT The Book The story that begat Soylent Green ...http://en.wikipedia.org/wiki/Make_Room!_Make_Room!published in 1966 ... an excellent book ... [ Post Comment ] Comment #14 posted by FoM on August 03, 2006 at 22:28:00 PT MBC I haven't seen Ilha das Flores yet but Soylent Green I've seen a couple of times over the years. It always shocked me. [ Post Comment ] Comment #13 posted by mai_bong_city on August 03, 2006 at 22:23:31 PT i'm glad to share it FoM it really hit me, i'm glad it was available to view because it just has a powerful message i think. i found myself shocked - and then again, not....if that makes sense. but i cried. [ Post Comment ] Comment #12 posted by FoM on August 01, 2006 at 15:31:12 PT MBC That was such a good movie. [ Post Comment ] Comment #11 posted by mai_bong_city on August 01, 2006 at 11:20:20 PT oh yes FoM! charlton heston .......'soylent green is.....PEOPLE!!!' [ Post Comment ] Comment #10 posted by FoM on August 01, 2006 at 11:12:11 PT MBC Have you ever seen Soylent Green? It was a good movie about the future after the earth has been destroyed by human beings. [ Post Comment ] Comment #9 posted by mai_bong_city on August 01, 2006 at 10:44:20 PT speaking of trash.. i saw this short documentary film last night for the first time and i was shocked. if you haven't heard of it or seen it, please do. it addressed several issues like racism, poverty, pollution....but - well i don't want to spoil it....just a huge sigh of sorrow.http://tinyurl.com/gfa3y [ Post Comment ] Comment #8 posted by FoM on August 01, 2006 at 10:10:36 PT Dankhank Glad you liked it! Great movie and great song. [ Post Comment ] Comment #7 posted by Dankhank on August 01, 2006 at 10:08:54 PT good one ... good point, FoMThe best Thanksgiving movie made ... [ Post Comment ] Comment #6 posted by Dankhank on August 01, 2006 at 10:08:03 PT seeds ... eat them ... [ Post Comment ] Comment #5 posted by FoM on August 01, 2006 at 09:31:43 PT Alice's Restaurant I thought most people learned something about trash that saw and heard Arlo Guthrie's Alice's Restaurant.http://www.arlo.net/resources/lyrics/alices.shtml [ Post Comment ] Comment #4 posted by JR Bob Dobbs on August 01, 2006 at 09:21:07 PT How to get rid of seeds Throw them on Mark Souder's lawn. [ Post Comment ] Comment #3 posted by Dankhank on August 01, 2006 at 08:01:41 PT Hey ... anyone heard of a disposal?It's in the sink ...costs 100 dollars ...easy to install ... [ Post Comment ] Comment #2 posted by Wayne on August 01, 2006 at 06:58:29 PT question Did they mean that it violates the state constitution? Because I was just talking about this the other day with some law enforcement friends of mine, and they said that where we live (in FL), garbage has been 'discarded' by the owner. If the police have a warrant for a property, and garbage is found anywhere on the property, it's fair game.I think it's all stupid myself. If you're going to break the law, take the trash to another dumpster or a transfer station. Don't leave evidence to be found. [ Post Comment ] Comment #1 posted by mayan on August 01, 2006 at 06:34:41 PT Misc. A cool judge in Indiana? No way! If the cops in Indiana really want to search trash they could just frisk Mark Souder! Off topic...Hempfest sues, says city dragging its feet: http://seattlepi.nwsource.com/local/279607_hemp01.htmlMAKE BOOZE & CIGS CLASSIFIED DRUGS' (UK): http://tinyurl.com/jcqjy In unrelated news, the dam is truly breaking as the New York Times has finally acknowledged that there are other 9/11 theories besides the government's official account... A Skeptic on 9/11 Prompts Questions on Academic Freedom: http://www.nytimes.com/2006/08/01/education/01madison.html?_r=1&ref=us&oref=sloginTHE WAY OUT IS THE WAY IN...Rx for War: Full-strength "911 Truth" Panel on C-SPAN, Tues. 6-8 pm -EDT; "Pass it On, Call it In!" http://www.prweb.com/releases/2006/7/prweb418543.htmC-SPAN Broadcasts 911Truth (Tue. Aug1, 6:10PM): http://prisonplanet.com/articles/august2006/010806truth.htm911podcasts.com presents CSPAN Coverage of the American Scholars Symposium: http://www.911podcasts.com/display.php?vid=146&epi=09/11 conspiracy theorists to boycott Oliver Stone film: http://infowars.com/articles/sept11/conspiracy_theorists_boycot_stone_film.htmThe Instant Conspiracy Theory: http://www.nomoregames.net/index.php?page=911&subpage1=instant_conspiracy_theoryFollowing Zakheim and Pentagon trillions to Israel and 9-11: http://onlinejournal.com/artman/publish/article_1047.shtml [ Post Comment ] Post Comment