Supreme Court Weighs Whether It’s Theft To Remove AGPS Tracking Device That Was Placed By Police
Brynna Sentel
TheStatehouseFile.com
INDIANAPOLIS—When a GPS tracking device placed on a suspected drug dealer’s vehicle was removed, police obtained a warrant to search his home on the grounds that the small black box was stolen.
That search, which took place in Warrick County in July 2018, led to the discovery of drugs and drug paraphernalia. As a result, Derek Heuring was charged with an array of felony drug charges plus a misdemeanor for the theft of the tracking device, all of which could land him in prison for many years.
But Heuring, through his attorney, Michael Keating, has challenged the warrant that led to his arrest. He argues that the search based on the alleged theft of the tracking device was bogus and all evidence should be thrown out as a violation of the 4th Amendment protection against an unlawful search and seizure.
After losing that argument before the court in Warrick County and again in the state appellate court, Heuring appealed to the Indiana Supreme Court, which heard the case Thursday.
Keating argued that the Class A misdemeanor theft charge and the subsequent drug-related charges from the search were unprecedented because law enforcement had no reason to suspect that that Heuring stole the tracking device.
Keating cited the state code on theft, arguing that Heuring could not have knowingly exercised “unauthorize control†or “deprive†the state of anything because he couldn’t have known the unmarked device actually belonged to the government.
“Any officer should know this is not evidence of a theft,†Keating said.
Jesse R. Drum, supervising deputy attorney general, argued the police followed procedure and gave Heuring the benefit of the doubt prior to the discovery that the device was missing from the vehicle. He maintained that the police were simply trying to get the tracking device back through the warrant.
The judges pointedly questioned both the Keating and Drum about how Heuring could have known the device was the property of law enforcement without any indication on the device itself or notification in person.
Drum said that Heuring had cameras outside his home and could have looked to see who placed the device on the vehicle.
Keating argued there is no proof the cameras were working or that Heuring even checked them prior to removing the device.
When asked who should bear the risk for the loss of the equipment, Keating replied that since it wasn’t clearly identified as the property of the Warrick County Sheriff’s Department, “they should bear the risk of loss.
Indiana Supreme Court Chief Justice Loretta Rush questioned if any police misconduct had occurred.
Keating said that he doesn’t believe police misconduct occurred but argued again to suppress the drug evidence because there was no probable cause for the search warrant in the first place.
There is no timeline for the state’s high court to decide the case.
FOOTNOTE: Brynna Sentel is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.
New Section of Waterworks Road Scheduled to Open Monday, November 11
New Section of Waterworks Road Scheduled to Open Monday, November 11
The intersection at Veterans Memorial Parkway includes turn lanes, traffic signal
 (Evansville, IN) – The new section of Waterworks Road is scheduled to open on Monday, November 11, 2019, after the morning rush hour around 9 a.m. The project includes a new intersection at Veterans Memorial Parkway with dedicated left-turn lanes and a fully functional traffic signal. The old section of Waterworks Road will only be used as a temporary construction entrance and for access to the Water Filtration Plant, Levee Authority building, and Street Maintenance Department.
The traffic signal at Veterans Memorial Parkway and Shawnee Drive will remain so motorists can safely turn south onto the Parkway. Once a new entrance and driveway to the municipal buildings are finished, the construction entrance off the old section of Waterworks Road will be closed and the traffic signal at Veterans Memorial Parkway and Shawnee Drive will be changed to a three-way traffic signal.
The posted speed limit on Veterans Memorial Parkway has been reduced to 45 mph to slow down traffic as it nears the traffic signals at Waterworks Road and Shawnee Drive heading into the downtown area. Transverse rumble strips have been embedded in the pavement on Veterans Memorial Parkway to alert drivers of the need to reduce speed.
Approximately 1,400 feet of Waterworks Road was relocated to bypass the area where a new pump station is currently under construction at the site of the former Kids Kingdom playground, and to make way for the replacement and relocation of three 36-inch water lines. The pump station is one of many projects planned over the next 25 years as part of the Renew Evansville program, the Evansville Water and Sewer Utility’s $729 million response to a federal mandate requiring the City of Evansville to comply with the Clean Water Act. Upgrades are required to the sewer system to dramatically reduce combined sewer overflows into the Ohio River, Pigeon Creek, and Bee Slough.
“The relocation project was needed to improve our infrastructure,” said Mayor Lloyd Winnecke. “But it will also be the first of many projects that will enhance the gateway to Downtown Evansville.”
The new section of Waterworks Road was built with a level shoulder along the western edge of the road that can be developed in the future as an extension of the Pigeon Creek Greenway, creating more walking and biking space for citizens to enjoy. The new path would provide a connection back to the pump station, which will have a park-like setting with a cascading water outfall at the riverfront.
Evansville Water and Sewer Utility recently opened bids on the cascade outfall that will be tied to a lift station below ground at the pump station. The lift station will pump treated water from the East Wastewater Treatment Plant to the cascade over the levee at the Ohio River.
Evansville Water and Sewer Utility Deputy Director Mike Labitzke added, “Above ground, we’ll have the wastewater laboratory relocated to this site, as well as an overlook on top of the pump station and some other amenities.†Construction on the cascade will begin in 2020 and should take a few years to complete.
“The relocation of Waterworks Road is one of the most visual changes so far in a multi-decade effort to comply with the federal consent decree,†said Evansville Water and Sewer Utility Executive Director Allen Mounts. Future changes include the construction of wetlands along Veterans Memorial Parkway.
See the attached image of the new intersection at Waterworks Road and Veterans Memorial Parkway.
Winders Claims Another Title As Eagles Overcome Hurdle To Secure Nationals Berth
Winders Claims Another Title As Eagles Overcome Hurdle To Secure Nationals Berth
EVANSVILLE, Ind.—University of Southern Indiana sophomore All-American Titus Winders captured his second consecutive NCAA II Midwest Region title Saturday with his first-place finish at the regional meet. His effort helped the No. 9 Screaming Eagles to a third-place finish out of 31 teams and to secure a berth into the NCAA II National Championships, which are November 23 in Sacramento, California.
Winders took an early lead in the race and stayed within the top five runners throughout the competition. The reigning Midwest Region and Great Lakes Valley Conference Runner of the Year pulled into the lead in the final three kilometers and put eight seconds between himself and the second-place finisher—Chris Stimpfel of Saginaw Valley State University—by race’s end as he finished with a 10-kilometer time of 31 minutes, 5.8 seconds.
His performance was vital in the Eagles’ effort to secure an automatic bid to the national meet as senior Austin Nolan, who has jostled with Winders as USI’s top performer throughout the year, was dropped out of the competition early in the race.
USI got a huge boost from its traditional No. 3-7 runners as senior Nathan Hall along with juniors Grady Wilkinson, Gavin Prior and Wyat Harmon all finished within 11 spots of each other and inside the top 40 overall. Hall was USI’s second to cross the finish line for the Eagles as he was 28th overall with a time of 32:33.3. Wilkinson was 29th with a time of 32:42.2.
Prior and Harmon finished 37th and 39th, respectively, while senior Javan Winders rounded out the Eagles’ lineup with a 69th-place finish in the 216-member field.
No. 3 Grand Valley State University took home the team title with a score of 52 points, while No. 8 Michigan Tech University was second with 116 points. USI finished with 134 points, while No. 22 Walsh University and No. 14 Saginaw Valley State University were fourth and fifth with respective point totals of 146 and 155.
USI secured its 15th consecutive trip to the NCAA II National Championships and its 27th overall.
HOT JOBS IN EVANSVILLE AREA
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Responsive employer
BLOUNT PLOW WORKS
BLOUNT PLOW WORKS
by PAT SIDES
This imposing manufacturing plant is Blount Plow Works, seen here eight years after it was built in 1881. One of several large factories that once lined North Main Street, it occupied the block bounded by Baker Avenue, North Main, Illinois, and Franklin streets.Â
Over the years, Blount became one of the largest farm equipment manufacturers in the country, its labor largely supplied by the densely populated Jacobsville neighborhood that surrounded it. The company’s name was changed to Burch Plow in the twentieth century.
This image shows the North Main façade, with streetcar tracks running down the unpaved streets. The group of children at the corner of the building may have provided some of the labor at the large factory, which was a common practice in that era.
The building was razed circa 1970 to make way for a Great Scot store, which in turn will soon be razed for a new housing and commercial development on the block.
“The 1932 and 1939 Projectâ€
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