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Tuesday, October 25, 2005

Ind. Decisions - "Searches: Close call, but right" is the editorial in the Fort Wayne Journal Gazette

"Searches: Close call, but right" is the headline to an editorial today in the Fort Wayne Journal Gazette about the Oct. 20th Indiana Court of Appeals ruling in State of Indiana v. Scott Crabb (see ILB entry here). The editorial concludes:

Ingredients used to cook methamphetamine include drain cleaner, ammonia and battery acid. A study of meth lab surfaces by the National Jewish Medical and Research Center in Denver found high concentrations of hydrochloric acid and ammonia gas, which are severe respiratory and eye irritants. And meth labs have been known to blow up.

It’s hard to believe the state Supreme Court would believe that the circumstances in this case weren’t enough for the state police to do what it did. But police and prosecutors should heed what was written by the panel. While the court acknowledged that methamphetamines are a plague on communities, “we are not ready to draw a bright line which would allow officers to enter a home without a warrant based solely on the smell of ether.”

Posted by Marcia Oddi on October 25, 2005 06:26 AM
Posted to Ind. App.Ct. Decisions