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Transfer granted to 'knock and talk' case

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The state's highest court has agreed to hear a case in which the Indiana Court of Appeals split on whether a police "knock and talk" investigation violated a man's constitutional rights.

The Indiana Supreme Court granted transfer today to Kenneth Brown v. State of Indiana, No. 11S04-0911-CR-537, in which Kenneth Brown's various drug convictions were upheld by the Court of Appeals. Judges Carr Darden and Margret Robb ruled the knock and talk procedure didn't violate Brown's rights under the state or federal constitutions. Neither probable cause nor reasonable suspicion is constitutionally prerequisite for a knock and talk investigation, and suspicion based on an anonymous tip is proper basis for officers to make inquiries of occupants.

Four police officers went to Brown's house in the early morning to talk to him after receiving a tip that a person they had arrested got drugs from Brown. The officers knocked on his front door and when Brown answered, explained the earlier arrest and asked to search his home. Brown allowed only one officer to enter; that officer found drugs.

Judge Paul Mathias dissented, holding that the investigation and search violated Brown's rights under the state constitution. The judge noted the police said they were taking a "crap shot" to get into Brown's house because they didn't have anything to go on. That doesn't amount to a reasonable degree of concern, suspicion, or knowledge that criminal activity has occurred under Litchfield v. State, 824 N.E.2d 356, 359 (Ind. 2005).

The degree of intrusion in this case was very high, with four officers and three police cars showing up at the home in the middle of the night. Judge Mathias didn't believe a reasonable person, roused from sleep and faced with these intimidating circumstances, would feel free to refuse the officers' request to search.

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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