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IN: AL warrant in NCIC justified arrest, and PC for warrant was irrelevant to the basis for the search incident

By John Wesley Hall, Jr.

Arrest in Indiana on a NCIC Alabama warrant that led to finding a gun was sufficient to prosecute in Indiana. There was no reason to go behind the probable cause finding in Alabama because the sole issue in Indiana is possession of the gun. Shotts v. State, 2010 Ind. LEXIS 263 (April 15, 2010): At the outset, it is important to bear in mind what the issue in this case is and what it is not. We are addressing whether we are to suppress the evidence of Shotts's possession of a weapon in this Indiana prosecution charging violation of Indiana's gun laws. We are not addressing whether this evidence may be admitted in any prosecution in Alabama for the charges that gave rise to the Alabama warrant. The first issue, therefore, is whether only the reasonableness of the Indiana officers' conduct is required for a valid arrest, or is the Alabama probable cause determination also subject to challenge...continue to full post

Full post as published by Fourth Amendment on April 21, 2010 (boomark / email).