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
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

ADVERTISEMENT