ILNews

COA affirms warrantless entry

Jennifer Nelson
January 1, 2007
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
The Indiana Court of Appeals affirmed a trial court decision to deny a defendant's motion to suppress his arrest and charges, ruling the defendant's behavior justified the police officers to enter his home without a warrant.

In William McDermott v. State of Indiana, No. 49A02-0609-CR-755, McDermott brought an interlocutory appeal of the trial court order denying his motion to suppress his arrest and charges stemming from that. McDermott argued the police officers who entered his home were not justified and did so without a warrant.

Marion County Sheriff's Deputy Jeffrey Wood was flagged down by a passing motorist in Beech Grove and told there was a man sitting in the roadway and interfering with traffic just south of where the officer was located. Wood approached the man, McDermott, and asked to speak with him.

McDermott cursed the officer, ran between two houses, and stood in the grass. Still refusing to talk to Wood, McDermott then walked off, ignoring Wood's questions, and entered a home without using a key. Wood, unsure if McDermott lived there or was intruding, called for back up, and continued to try to speak to McDermott. He asked for identification from McDermott to prove he lived at the home. When backup arrived, Wood and Deputy Eric Snow entered the home and Wood used a taser on McDermott, who was uncooperative and showed signs of aggression. The officers later determined McDermott lived at the home.

McDermott was charged with resisting law enforcement, disorderly conduct, and public intoxication. At trial, McDermott orally moved to suppress his arrest and all charges stemming from it. After hearing Wood's testimony, the court denied McDermott's motion.

The Court of Appeals affirmed the arrest and conviction, ruling neither state nor federal constitutional violations were committed. The sheriff's deputies did not violate Article 1, Section 11 of the Indiana Constitution when they entered his home without a warrant because Deputy Wood had met all the requirements under Holder v. State, 847 N.E.2d 930, 935 (Ind. 2006), to determine the reasonableness of police conduct under all of the circumstances. The court considers the degree of suspicion, concern, or knowledge a person violated the law; the degree of intrusiveness that the search or arrest method imposes on the person; and the extent of law enforcement needs.

McDermott's behavior was suspicious and Wood called for backup because of concern when McDermott entered the home without proving he lived there. All of the facts show the trial court did not abuse its discretion in denying McDermott's motion to suppress based on violations of Article 1, Section 11.

Under the facts of the case, the court found the state met its burden of demonstrating probable cause and exigent circumstances to allow the officers to enter the home without a warrant. The appellate court also affirmed the trial court did not abuse its discretion in denying McDermott's motion to suppress citing violations of his Fourth Amendment rights.
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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  2. Do you know who the sponsor of the last-minute amendment was?

  3. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  4. My husband left me and the kids for 2 years, i did everything humanly possible to get him back i prayed i even fasted nothing worked out. i was so diver-stated, i was left with nothing no money to pay for kids up keep. my life was tearing apart. i head that he was trying to get married to another lady in Italy, i look for urgent help then i found Dr.Mack in the internet by accident, i was skeptical because i don’t really believe he can bring husband back because its too long we have contacted each other, we only comment on each other status on Facebook and when ever he come online he has never talks anything about coming back to me, i really had to give Dr.Mack a chance to help me out, luckily for me he was God sent and has made everything like a dream to me, Dr.Mack told me that everything will be fine, i called him and he assured me that my Husband will return, i was having so many doubt but now i am happy,i can’t believe it my husband broke up with his Italian lady and he is now back to me and he can’t even stay a minute without me, all he said to me was that he want me back, i am really happy and i cried so much because it was unbelievable, i am really happy and my entire family are happy for me but they never know whats the secret behind this…i want you all divorce lady or single mother, unhappy relationship to please contact this man for help and everything will be fine i really guarantee you….if you want to contact him you can reach him through dr.mac@yahoo. com..,

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

ADVERTISEMENT