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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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