ILNews

Although Miranda rights were violated, physical evidence still admissible

Back to TopCommentsE-mailPrintBookmark and Share

Although a man’s incriminating statements made while sitting in a police car should have been suppressed, the Indiana Court of Appeals ruled the error was harmless because the physical evidence seized was sufficient to sustain his convictions.

Duane Crocker was charged and convicted of Class C felony dealing in marijuana, Class D felony marijuana possession, and Class D felony maintaining a common nuisance after a traffic stop revealed 10 bales of marijuana in the trunk of his rented car.

During the traffic stop, Indiana State Police trooper Joseph Winters instructed Crocker to go sit in the front seat of his police vehicle. The trooper first administered a field sobriety test and asked Crocker questions about his travel plans, and then he produced a Consent to Search or Pirtle form.

As Crocker was reading over the form, Winters said he believed there was marijuana in the trunk. Crocker signed the consent form.

Winters next asked how much marijuana was in the trunk. When Crocker said he did not know, Winters read Crocker his Miranda warnings.

Crocker appealed his convictions contending the trial court abused its discretion in admitting evidence obtained during his traffic stop. The Indiana Court of Appeals affirmed the lower court’s judgment in Duane Crocker v. State of Indiana, 79A04-1210-CR-542.

In his appeal, Crocker argued Winters’ questioning was improper because it constituted a custodial interrogation and he had not yet been read his Miranda rights. The state countered that Crocker was not in custody when sitting in the police car and therefore the requirement to give him his Miranda rights was not applicable.

However, the Court of Appeals concluded Crocker was in custody because Winters had a high degree of control over the environment. Therefore, Crocker should have been given his Miranda rights as soon as he was inside the police vehicle.

The court went on to point out that Crocker had been given a written statement of his Pirtle rights which stated he had the right to refuse consent, force the state to obtain a warrant, and speak to an attorney before consenting.

The court found even though Winters did violate Crocker’s Miranda rights, the trooper’s misconduct was not particularly egregious. In addition, Crocker did not admit to knowing that he was transporting marijuana until after he consented to the search of his vehicle.

 

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

ADVERTISEMENT