ILNews

Justices affirm search warrant, convictions

Jennifer Nelson
January 1, 2008
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The Indiana Supreme Court yesterday affirmed a defendant's convictions of dealing in cocaine and possession of marijuana because the initial search warrant was supported by sufficient probable cause. One justice dissented, fearing the logic used by the majority to affirm the search warrant would invite more searches by the government that could violate both the U.S. and Indiana constitutions.

In Willie Eaton v. State of Indiana, No. 89S04-0802-CR-106, Willie Eaton appealed his drug convictions, arguing the initial search warrant wasn't supported by probable cause and the trial court erroneously admitted evidence seized without sufficient authorization in the search warrants.

Eaton went to a muffler store in Richmond to meet with Edgar Gonzalez, who earlier in the day police stopped for speeding. Police found cocaine in the car and Gonzalez admitted he was on his way to deliver it to some men in Richmond. The police officer rode with Gonzalez to his destination and implanted a recording device in the vehicle.

After they reached the muffler store and Eaton arrived, police entered the business. A warrant was issued to search Eaton's home based on the police officer that rode with Gonzalez stating that drug traffickers commonly kept money and records regarding drug trades on cell phones, computers, and other items at home.

During the search for records, police saw several items in the home - including cocaine - that resulted in a second warrant, which was granted for seizure of various additional items.

The majority of the high court found the police established probable cause to allow for the first search warrant. The affidavit shows Eaton was involved in receiving and unloading a large amount of drugs and incriminating records were likely to be found at his home.

"Evaluating the totality of the circumstances, we conclude that the facts set forth in the affidavit established a fair probability, that is, a substantial chance, that evidence of drug trafficking would be found at the defendant's residence," wrote Justice Brent Dickson.

The police were allowed to take items during the second search warrant that weren't enumerated in the search warrant because they inadvertently discovered items of apparent criminality while rightfully occupying a particular location, the justice wrote, citing Jones v. State, 783 N.E.2d 1132, 1137 (Ind. 2003), and Houser v. State, 678 N.E.2d 95, 101 (Ind. 1997).

Justice Robert Rucker dissented, finding as a matter of law that none of the facts from the officer's affidavit established probable cause to search Eaton's house.

"Today's ruling invites the Government's search of a suspect's business, home, garage, tool shed, workshop, or any other property a suspect may use simply because a law enforcement officer believes, without more, that evidence of crime can be found there. In my view this is an anathema to the mandate of the Fourth Amendment of the United States Constitution as well as Article I, Section 11 of the Indiana Constitution," he wrote.
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  1. 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.

  2. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  3. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  4. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  5. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

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