MARK YOUR CALENDERS
The Indiana State Supreme Court will hear arguments next month over a case that could impact hundreds of arrests by the Indianapolis Metropolitan Police Department. The Court has agreed to hear the case of Cheryl Oddi-Smith who was arrested for drunk driving back in January, however in August of this year Marion County Judge threw out her arrest because the officer had not been properly sworn in following the creation of the IMPD.
City officials, the County Prosecutor and the Indiana Attorney General’s Office all maintain the arrest was valid and the officers did not have to be re-sworn into the new department. There was a swearing in ceremony in January but attendance was voluntary and since then only the incoming classes of new recruits have been sworn into IMPD.
Oral arguments are scheduled for November 14 at 9:30 a.m. and both sides will have 20 minutes to make their case. Normally the Indiana Supreme Court does not hear cases this quickly, but decided to do so because of the importance of the subject. A decision is expected by Christmas.
If the arrest was found to be illegal then all of the arrests by IMPD since January 1, 2007 would violate the U.S. constitution and therefore made void.
