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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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