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. IF the Right to Vote is indeed a Right, then it is a RIGHT. That is the same for ALL eligible and properly registered voters. And this is, being able to cast one's vote - until the minute before the polls close in one's assigned precinct. NOT days before by absentee ballot, and NOT 9 miles from one's house (where it might be a burden to get to in time). I personally wait until the last minute to get in line. Because you never know what happens. THAT is my right, and that is Mr. Valenti's. If it is truly so horrible to let him on school grounds (exactly how many children are harmed by those required to register, on school grounds, on election day - seriously!), then move the polling place to a different location. For ALL voters in that precinct. Problem solved.

  2. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  3. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  4. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  5. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

ADVERTISEMENT