(Download) "State Indiana v. Robert Lee Dusch Et Al." by Supreme Court Of Indiana * eBook PDF Kindle ePub Free
eBook details
- Title: State Indiana v. Robert Lee Dusch Et Al.
- Author : Supreme Court Of Indiana
- Release Date : January 27, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Appellees here were charged with a violation of the Indiana Dangerous Drug Act, I.C. 1971, 16-6-8-3, being Burns § 35-3333, and the 1935 Narcotics Act, I.C. 1971, 35-24-1-2, being Burns § 10-3520, by having in their possession a quantity of marijuana and pills containing barbituric acid. Trial was held in the Vanderburgh Circuit Court, the Honorable William H. Miller presiding. During the States case-in-chief, the prosecutor sought to have introduced into evidence certain substances purported to be illicit drugs which were found in the apartment of the appellees during a search conducted by the police. Appellees filed a motion to suppress this evidence as being seized in violation of the Federal and State Constitutions because the police had made an unannounced entry into the appellees apartment. The Judge granted this motion on the grounds that a reasonable entry requires announcement of both authority and purpose, unless unusual circumstances exist at the time of the police entry and that no such circumstances existed here. The State then rested its case and, on motion by the appellees, Judge Miller entered judgment of acquittal for the appellees. The State excepted to the ruling of the court on the suppression motion and appeals on a reserved question of law pursuant to I.C. 1971, 35-1-43-2 and 35-1-47-2, being Burns §Â§ 9-2102 and 9-2304.