ILNews

Court: Search invalid, statements admissible

Jennifer Nelson
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
A defendant did not have the ability to consent to a police search of the car he was riding in because the driver's consent to the search was invalid, ruled the Indiana Supreme Court Wednesday. The court also ruled the defendant's recorded statements made in the back of a police cruiser were voluntary and admissible at his trial.

In Sergio Campos v. State of Indiana, No. 45S03-0804-CR-199, Sergio Campos was the passenger in a car driven by Cesar Santiago-Armendariz, which was stopped by police officer Alfred Villarreal for speeding. Officer Villarreal noticed Santiago-Armendariz was acting nervous and had him sit in his police car while Campos remained in the passenger seat.

Santiago-Armendariz and Campos gave conflicting stories about what airport they were coming from and who owned the car. Santiago-Armendariz said it was Campos' brother's car but gave a name different from what was on the car's registration. Campos said it was his brother's car and gave a different name than Santiago-Armendariz did. Officer Villarreal determined the car wasn't stolen and wrote Santiago-Armendariz a warning.

As Santiago-Armendariz was returning to his car, the police officer asked if he had anything illegal in the car and asked if he could search it. Santiago-Armendariz asked if it was necessary and Officer Villarreal answered yes; Santiago-Armendariz then allegedly consented to the search. The officer asked Campos if he could search the car, and Campos said the officer would have to ask Santiago-Armendariz. Officer Villarreal responded that Santiago-Armendariz agreed to the search, so Campos also agreed.

Both Campos and Santiago-Armendariz sat in the back of the police car while Officer Villarreal searched the car and found cocaine. Their conversation in the police cruiser, which contained admissions to having drugs in the car, was recorded without their knowledge.

Campos was charged with Class A felony dealing in cocaine. He moved to suppress the recording of his and Santiago-Armendariz's statements and the cocaine found in the car because he believed his Fourth and Fifth Amendment rights were violated, as well as Article I, Sections 11 and 14 of the Indiana Constitution. The trial court denied both motions. The Court of Appeals affirmed the trial court's ruling.

The evidence seized during the search of the car should not have been admissible during trial, ruled the high court. The search was not valid because the police officer did not get valid consent from Santiago-Armendariz or Campos. By telling Santiago-Armendariz that a search of his car was necessary, which led Santiago-Armendariz to think he couldn't refuse the search, it made his consent invalid.

Campos was the person authorized by the car's owner to control the use of the car, so Campos' consent had to be obtained in order to search. When Villarreal asked Campos if he could search the car, Campos only consented after he was told Santiago-Armendariz did. Because his consent was based on Officer Villarreal's representation Santiago-Armendariz had given consent, Campos' consent was invalid because Santiago-Armendariz's consent was invalid, wrote Justice Theodore Boehm.

"We therefore find the search to violate both article I, section 11 of the Indiana Constitution and the Fourth Amendment, and all evidence seized from it must be suppressed," he wrote.

Campos challenged that his rights under Article I, Section 11 of the Indiana Constitution had been violated because he didn't waive his right to counsel before giving a valid consent to search by receiving a Pirtle warning. Campos believed he was in custody when Officer Villarreal asked him to search the car, but only Santiago-Armendariz was in custody, wrote Justice Boehm. Campos wasn't told that the search was necessary and wasn't in custody, so his Pirtle rights were not violated.

The statements Santiago-Armendariz and Campos made while in the back of the police car are admissible in trial because they were given freely without duress or coercion, wrote Justice Boehm. Because Campos wasn't under interrogation, he did not need to receive a Miranda warning of his right to remain silent.

"In sum, Campos's statements were voluntary under the Fifth Amendment and he had no expectation of privacy in the police cruiser under the Fourth Amendment," he wrote.

The Supreme Court affirmed the trial court's denial of Campos' motion to suppress the statements he made in the police vehicle and reversed the trial court denial of his motion to suppress the evidence found during the search of his car. The case is remanded to the trial court for further proceedings.
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. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

ADVERTISEMENT