I(MPD) SWEAR
Anyone hoping to walk after being arrested by a member of the Indianapolis Police Department because the officers were not officially sworn in can forget about it. The Indiana Supreme Court unanimously upheld the drunk driving arrest of Chery Oddi-Smith, who challenged the arrest saying the officer had not been sworn in as a new member of the department following the merger last year.
In its six-page opinion the Court said there was no requirement in law or statute that the officers be re-sworn following the merger of the Indianapolis Police Department and the Marion County Sheriff’s Department, therefore the arrest was upheld.
The opinion was written by Chief Justice Randall Shepard.
January 9th, 2008 at 4:41 pm
Abdul, were you shocked at the 5-0 decision? I seem to remember you thought the law was clear about the requirement for officers to be sworn in to the new IMPD.
January 9th, 2008 at 5:19 pm
Well, come on…. What do 5 Indiana Supreme Court justices know about Indiana law compared to one Illinois Barrister?
January 9th, 2008 at 5:19 pm
Not that we don’t love your blog here in BR, Abdul :-)
January 9th, 2008 at 5:20 pm
Now she should have to pay the costs for this whole fiasco.
Of course that won’t happen.
January 9th, 2008 at 9:13 pm
Dam another great big league prediction huh Abdul.
January 10th, 2008 at 4:36 am
Please point out where I said the court would uphold the trial court’s decision.
January 10th, 2008 at 7:03 am
If I remember correctly it was never an issue of state law but that IMPD’s own general orders that stated “all members will be sworn into the IMPD”.
January 11th, 2008 at 2:40 pm
Uh, Abdul…I heard you ridicule the lack of swearing-in of officers multiple times on your radio show.
If that disdain did not transfer to outright belief the Supremes would agree with you, well, pardon us for the leap of faith. It was certainly implied.
Having said that, I still don’t know why the powers that be don’t re-swear all officers annually, just like when they graduate academy. It’d be impressive. Invite in the citizens…make all cops re-affirm their vows, so to speak.
Gives me goose pimples just thinking about it.