Sunday, March 30, 2008

News on the Theory of Evolution From Tama County

State v. Fisk, No. 07-0790 (Iowa Ct. App. March 26, 2008)

Tama officers received a report of a car belonging to Fisk abandoned in the middle of the street and went to Fisk's apartment building to inquire. The officer pushed the button for apartment number 25 to summon Fisk to the lobby and when she arrived she smelled of burnt marijuana. Acting on this, police sought and obtained a search warrant for her apartment which revealed marijuana and smoking implements.

Fisk moved to suppress the evidence and her motion was granted. It was pointed out that the odor of marijuana was not present except on Fisk's person, and that could have come from anywhere, not just her apartment. The nexus between the crime and the location was lacking, it was argued, thus negating the probable cause requirement for warrants.

The state's discretionary appeal followed.

The Court of Appeals found that there was probable cause to search the apartment because the probable cause that an offense was committed in the place named was supportable by a reasonable common sense inference based on training, experience and direct evidence of drug use connected with the apartment.

What's that got to do with the Theory of Evolution? Well, it was said in the popular press of Ulysses S. Grant that he was proof positive that the theory was a damned lie. It's also proof positive if ever it was needed that dope makes people stupid.


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