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CHANNEL 44 NEWS: Almanac For The Week Of February 5th, 2017

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44News Almanac For The Week Of February 5th, 2017

The people and events that shaped this week in history. February 5th 1861 – Samuel Goodale patented the moving picture peep show machine. 1917 – The U.S. Congress passed the Immigration Act of 1917 (Asiatic Barred Zone Act) with an…

COA: Police Search Did Not Violate State Constitution

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COA: Police Search Did Not Violate State Constitution

Olivia Covington for www.theindianalawyer.com

Indiana police did not violate the state constitution when they searched a woman’s car without a warrant after discovering that the car matched the description from an earlier drug-related tip and police dogs alerted to the presence of drugs in the vehicle, the Indiana Court of Appeals has ruled.
Gail Whitenack searched her stepdaughter Richelle Whitenack’s vehicle and found items that suggested she was using drugs, so the stepmother called the police and told them what she had found. The police subsequently issued a tip to its deputies that included a description of Richelle Whitenack’s vehicle and the drug-related items.
Later the same day, a deputy pulled Richelle Whitenack over for speeding and crossing the center line twice and realized that the vehicle he had pulled over matched the description of the vehicle from Gail Whitenack’s drug tip. When a K-9 officer arrived on the scene, a police dog indicated the presence of drugs, and a further search revealed a split-box of syringes, wrapping from a coffee package and a spoon with burnt residue later identified as heroin.
The younger Whitenack was found guilty of unlawful possession of a syringe, possession of paraphernalia, driving left of the center lane and exceeding the posted speed limit. She was sentenced to an aggregate of one year executed with one year suspended and six months on probation and a $20 fine.
On appeal in Richelle Marie Whitenack v. State of Indiana, 35A04-1608-CR-1811, Whitenack argued that the search of her vehicle was unlawful under Article 1, Section 11 of the Indiana Constitution because the state had received a report of the description, location and contents of her vehicle more than eight hours before the actual search. Further, she argued that the deputies should have obtained a search warrant after her stepmother called in the tip earlier in the day.
But Indiana Court of Appeals Judge Cale Bradford wrote Friday that the deputies had “ample probable cause to support their actions” because Whitenack’s vehicle was pulled over for legitimate traffic violations and K-9 officers alerted to the presence of drugs.
“The fact that there may or may not have been enough information to obtain a search warrant to search that same vehicle earlier that day has not impact on the legality of the subsequent search and seizure; officers do not have to obtain a warrant at the first practicable moment,” Bradford said.
Further, Bradford wrote that the appellate court has previously held that there is “nothing unreasonable in permitting an officer, who may have knowledge or suspicion of unrelated criminal activity by the motorist, to nevertheless respond to an observed traffic violation.” Thus, the evidence was admissible and Whitenack’s convictions were affirmed.

EVANSVILLE CITY COUNCIl AGENDA TODAY, FEBRUARY 6,2017

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CITY OF EVANSVILLE COMMON COUNCIL

I. INTRODUCTION
II. APPROVAL OF MEETING MEMORANDA
III. REPORTS AND COMMUNICATIONS
IV. SPECIAL ORDERS OF THE DAY
V. CONSENT AGENDA: FIRST READING OF ORDINANCES AND RESOLUTIONS

ORDINANCE R-2017-02

Petitioner: Requested Change: Representative:

ORDINANCE R-2017-03

Petitioner: Requested Change: Representative:

An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 1011 Mary Street
Aurora, Inc. Owner: Aurora, Inc.

R2 to C4 w/ UDC Ward: 3 Hargis Kahn, Dees, Donovan & Kahn, LLP

An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 1615, 1702, 1706 Dresden Street
Rellecke, LLC Owner: Rellecke, LLC

R2 to M2 Ward: 6 Brinkmeyer Kahn, Dees, Donovan & Kahn, LLP

VI. CONSENT AGENDA: SECOND READING OF ORDINANCES AND RESOLUTIONS

ORDINANCE G-2017-01 Sponsor(s):
Notify:
RESOLUTION C-2017-01

Sponsor(s): Notify:

An Ordinance Designating an Economic Development Target Area McGinn
Andrea Lendy, Growth Alliance

A Resolution of the Common Council of the City of Evansville Confirming the Declaration of an Economic Revitalization Area for Property Tax Phase-In for the Rehabilitation of Real Property at 4320 Hitch Peters Road, Evansville, IN 47710 – MultiSeal, LLC
McGinn

Andrea Lendy, Growth Alliance

Committee:

Finance Chair McGinn 2/6/2017

5:15 p.m.

Committee:

Finance Chair McGinn 2/6/2017

5:20 p.m.

RESOLUTION C-2017-02

Sponsor(s):
Notify:
ORDINANCE R-2016-29

Petitioner: Requested Change: Representative:

ORDINANCE R-2016-30 AMENDED

Petitioner: Requested Change: Representative:

ORDINANCE R-2016-31

Petitioner:

Requested Change: Representative:

A Preliminary Resolution of the Common Council of the City of Evansville Declaring an Economic Revitalization Area for Property Tax Phase-In for the Rehabilitation of Real Property at 1500 North Green River Road, Evansville, IN 47715 – Eastland Station, LLC managed by Phillips Edison & Company

McGinn
Andrea Lendy, Growth Alliance

An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 7501 Telephone Road
MOB, LLC Owner: MOB, LLC

C4 to R1 Ward: 1 McGinn Cash Waggoner & Assoc., PC

An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 2901 S. Green River Road
PAMS, LLC Owner: PAMS, LLC
R1 to C4 w/ UDC Ward: 2 Mosby
Timothy Major

Committee:

Finance Chair McGinn 2/6/2017

5:25 p.m.

An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 2010 W. Indiana Street
Derivative Enterprises, Owner:
LLC
C4 & R2 to R3 Ward:
Cash Waggoner & Assoc., PC

VII. COMMITTEE REPORTS
VIII. REGULAR AGENDA: FINAL READING OF ORDINANCES AND RESOLUTIONS

ORDINANCE G-2017-01

Sponsor(s): Committee: Notify:

An Ordinance Designating an Economic Development Target Area

McGinn
Finance Chair McGinn 2/6/2017 5:15 p.m. Andrea Lendy, Growth Alliance

Derivative Enterprises, LLC 6 Brinkmeyer

RESOLUTION C-2017-01

Sponsor(s): Committee: Notify:

RESOLUTION C-2017-02

Sponsor(s): Committee: Notify:

ORDINANCE R-2016-29

Petitioner: Requested Change: Representative:

ORDINANCE R-2016-30 AMENDED

Petitioner: Requested Change: Representative:

ORDINANCE R-2016-31

Petitioner:

Requested Change: Representative:

A Resolution of the Common Council of the City of Evansville Confirming the Declaration of an Economic Revitalization Area for Property Tax Phase-In for the Rehabilitation of Real Property at 4320 Hitch Peters Road, Evansville, IN 47710 – MultiSeal, LLC
McGinn
Finance Chair McGinn 2/6/2017 5:20 p.m. Andrea Lendy, Growth Alliance

A Preliminary Resolution of the Common Council of the City of Evansville Declaring an Economic Revitalization Area for Property Tax Phase-In for the Rehabilitation of Real Property at 1500 North Green River Road, Evansville, IN 47715 – Eastland Station, LLC managed by Phillips Edison & Company

McGinn
Finance Chair McGinn 2/6/2017 5:25 p.m. Andrea Lendy, Growth Alliance

An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 7501 Telephone Road
MOB, LLC Owner: MOB, LLC

C4 to R1 Ward: 1 McGinn Cash Waggoner & Assoc., PC

An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 2901 S. Green River Road
PAMS, LLC Owner: PAMS, LLC
R1 to C4 w/ UDC Ward: 2 Mosby
Timothy Major

An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 2010 W. Indiana Street
Derivative Enterprises, Owner: Derivative Enterprises, LLC LLC
C4 & R2 to R3 Ward: 6 Brinkmeyer
Cash Waggoner & Assoc., PC

IX. RESOLUTION DOCKET

RESOLUTION C-2017-03 Sponsor(s):

Notify:

A Resolution of the Common Council of the City of Evansville, Indiana, Opposing Indiana House Bill 1487
Mosby, Elpers, McGinn, Adams, Brinkmeyer, Hargis, Mercer, Robinson

Joshua Claybourn, City Council Attorney

Resolution Docket

X. MISCELLANEOUS BUSINESS
A. THE NEXT MEETING of the Common Council will be Monday, February 27, 2017 at

5:30 p.m. There are no committee meetings currently scheduled.

XI. COMMITTEE REPORTS XII. ADJOURNMENT

USI drops match with Butler 6-1

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USI drops match with Butler 6-1

Men’s Tennis report written by Jostun Pomplun, USI Graduate Assistant

BOX SCORE
INDIANAPOLIS, Ind. – The University of Southern Indiana men’s tennis team dropped its second consecutive match against NCAA Division I competition, as they were defeated by Butler University 6-1 Sunday afternoon.

Sophomore James Hardiman (Backwell Bristol, United Kingdom) continued to play well, as he accounted for USI’s only point of the day. He defeated Mason Dragos at number two singles 6-3, 7-6 (4).

In doubles, the duo of Hardiman and freshman Denis Davydov (Chorvatsky Grob, Slovakia) were tied at four in their match, but the match was not finished as Butler had already won the point by winning the other two doubles matches.

The Screaming Eagles battled in their other matches, but were unable to come away on top.

USI will play its third NCAA Division I opponent in a row February 10, when they travel to Austin Peay State University. Start time is to be determined.
Butler University 6, #37 Southern Indiana 1
Feb 05, 2017 at Indianapolis, Indiana
Singles competition
1. Mikhell Khmiadashvil (BU) def. Samuel Kiladejo (USI) 6-0, 6-2
2. James Hardiman (USI) def. Mason Dragos (BU) 6-3, 7-6 (4-0)
3. Spencer Lang (BU) def. Denis Davydov (USI) 6-2, 6-2
4. Ari Gerstein (BU) def. Aaron Barris (USI) 6-3, 6-3
5. Temilope Adelakun (BU) def. Ilia Karelin (USI) 6-2, 6-2
6. Adrian Mag (BU) def. Andrew Dones (USI) 6-2, 6-2
Doubles competition
1. Mikhell Khmiadashvil/Mason Dragos (BU) def. Aaron Barris/Samuel Kiladejo (USI) 6-3
2. James Hardiman/Denis Davydov (USI) vs. Temilope Adelakun/Spencer Lang (BU) no result
3. Ari Gerstein/Alex Woldmoe (BU) def. Andrew Dones/Jack Lipchik (USI) 6-1
Match Notes
Southern Indiana 1-2; National ranking #37
Order of finish: Doubles (3,1); Singles (1,4,3,2,6,5)

USI drops match with Butler 6-1

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The University of Southern Indiana men’s tennis team dropped its second consecutive match against NCAA Division I competition, as they were defeated by Butler University 6-1 Sunday afternoon.

Sophomore James Hardiman (Backwell Bristol, United Kingdom) continued to play well, as he accounted for USI’s only point of the day. He defeated Mason Dragos at number two singles 6-3, 7-6 (4).

In doubles, the duo of Hardiman and freshman Denis Davydov (Chorvatsky Grob, Slovakia) were tied at four in their match, but the match was not finished as Butler had already won the point by winning the other two doubles matches.

The Screaming Eagles battled in their other matches, but were unable to come away on top.

USI will play its third NCAA Division I opponent in a row February 10, when they travel to Austin Peay State University. Start time is to be determined.

Trump and Mexico

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Consumer Alert from the Office of the Indiana Attorney General

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The Consumer Protection Division (CPD) of the Office of the Indiana Attorney General is warning people to be suspicious of companies claiming to be affiliated with local high schools and attempting to sell sponsorships.

On Jan. 31, the CPD received a consumer complaint against a business claiming to operate as Touchdown Sports. The complainant said the caller claimed to be with Touchdown Sports and to be calling on behalf of Noblesville High School in Indiana. The complainant said the caller was seeking sponsors for the backs of t-shirts that could be passed out during high school sporting events. The complainant also told the CPD that she called Noblesville High School and was informed that the school had no knowledge of the company. This exact scam has been reported in other states.

Businesses – especially locally owned companies inside or near the boundaries of an Indiana school district – should be suspicious of anyone calling their phone seeking sponsor partnerships for stadium banners, posters and t-shirts, among other items. The CPD is advising businesses not to contract with companies claiming to represent local schools without first checking with the schools to confirm the relationship with the organization seeking money.

In addition to businesses, if parents, staff or residents living inside an Indiana school district are contacted by someone claiming to operate a sponsorship fundraiser for a school, the CPD urges them to contact the school in question to confirm the relationship.

If you believe you have been contacted by a fraudulent company or an individual attempting a scam, the CPD encourages you to file a complaint at www.indianaconsumer.com or call our Consumer Assistance Line at (800) 382-5516.

Adopt A Pet

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 Kota is a 2-year-old female German Shepherd mix. She has beautiful black & rust coloring! Kota was adopted as a very young puppy, then returned once she grew up, and has since been adopted & returned again. She’s a big dog with big-dog energy, and needs an active family who can help her learn what’s expected of her. Her $100 adoption fee includes her spay, microchip, vaccines, and more. She’s ready to go home TODAY! Contact the Vanderburgh Humane Society at (812) 426-2563 or adoptions@vhslifesaver.org for details!

UE Men’s Basketball halts streak with 74-66 win over Bears

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Aces end 9-game skid against Missouri State

 

EVANSVILLE, Ind. – A trio of University of Evansville men’s basketball players registered double figures as the Purple Aces halted a 9-game losing streak as they defeated Missouri State by a final of 74-66 on Saturday at the Ford Center.

 

Jaylon Brown led the way for UE (11-14, 2-10 MVC) with 25 points.  He was 9-of-12 from the field and 7-8 from the free throw line.  David Howard set his career mark with 17 points on a 7-for-10 shooting effort.  Duane Gibson was next with 16 points while leading the team with six assists.

 

“We are happy that we had a different outcome.  We played a very good game throughout and we just have to keep that going and continue to get better,” Brown said.

 

Missouri State (15-10, 6-6 MVC) was paced by Jarred Dixon’s 16-point effort while Obediah Church finished the day with 13.

 

“As coaches, it certainly is a relief.  Our guys have had good attitudes and have dealt with adversity, but never used it as an excuse,” Aces head coach Marty Simmons said.  “They have stayed with it and I am happy for the guys in the locker room.  We had contributions from everybody.  It was a true team effort.”

 

Duane Gibson notched nine opening-half points as the Aces took a 30-26 lead into the break.  Ryan Taylor opened the game with a triple before the Bears came back to tie it up at 7-7 before taking a 10-9 lead on a trey from Alize Johnson.

 

Evansville was able to retake the lead and open up their biggest edge of the half at 21-13 in a stretch that saw Jaylon Brown register four points.  MSU cut the gap to one at 25-24 with 3:20 left before the Aces got three more Gibson points to make it a 30-26 game at halftime.

 

Austin Ruder hit from downtown to get the Bears within one before an Obediah Church bucket tied it up at 34-34 just over two minutes in.  On the ensuing trip down the floor, Brown responded to give the lead right back to UE.  After Evansville scored six in a row, the Bears roared back with a stretch of their own as a Jarred Dixon and-one knotted the score at 44-44 with 11 minutes remaining.

 

Midway through the half, Ryan Kreklow gave MSU its first second-half lead as his trey. Put the Bears up 47-46.  After MSU took its largest lead to that point at 59-57, UE rallied back with seven in a row to go up 64-59 with three minutes on the clock.

 

The lead reached six with a minute left as Jaylon Brown’s 23rd point gave UE a 70-64 advantage.  From there, the Aces added to the lead to finish the day with a 74-66 triumph.

 

UE did a stellar job of taking care of the ball, turning it over just five times.  It was the first time the squad turned it over five times or less since February 10, 2015, coincidentally, in a home contest against the Bears.

 

For the game, the Aces outshot MSU, 55.8%-44.2% while also outrebounding them by a 32-28 tally.  Howard was the top rebounder for UE, totaling seven.

 

A quick 2-game home stand concludes on Wednesday as the Aces welcome Loyola to the Ford Center for a 7 p.m. game.