Attenuation doctrine doesn't apply under Indiana Constitution

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The attenuation doctrine has no application under the state’s constitution, the Indiana Court of Appeals ruled today in a case alleging an unconstitutional search.  

In Charles Adam Trotter v. State of Indiana, No. 29A02-0910-CR-974, the Hamilton Superior Court ultimately concluded that the warrantless entry into a private residence where Charles Trotter was staying was unlawful under the state and federal constitutions, but that evidence of the police officers’ observations is admissible pursuant to the doctrine of attenuation. The judge denied Trotter’s motion to suppress evidence regarding the observations the officers made when, looking for Trotter, they entered a pole barn attached to the residence without a warrant.

The officers were responding to a complaint of gunshots fired. The first officer came upon the residence where he believed the shots were coming from and spoke to Barry Dircks. Dircks said Trotter was inside using the bathroom. The officer saw guns, bullets, and liquor on the picnic table. The officers were unable to get into the home on the property but found an unlocked door on the pole barn. They went inside looking for Trotter and spotted him pointing a rifle at them telling them to get out. After a standoff, he surrendered and was charged with Class D felonies pointing a firearm and criminal recklessness.

On interlocutory appeal, the Court of Appeals agreed with the trial court that the officers’ warrantless entry violated both the Fourth Amendment of the U.S. Constitution and Article I, Section 11 of the Indiana Constitution. The state argued the officers were trying to enter the buildings to make sure Trotter was OK, but the record doesn’t support the state’s argument. The officers never inquired about Trotter’s well-being nor had any reason to think he was in need of assistance. In addition, the officers’ degree of concern, suspicion, or knowledge that a violation had occurred was essentially non-existent, wrote Judge Terry Crone.

The judges also rejected the state’s argument that the attenuation doctrine applied in the case. The doctrine allows, in some situations that the causal chain is sufficiently attenuated to dissipate any taint of illegal police activity, for the evidence seized during a search to be admitted. Fourth Amendment jurisprudence has recognized this exception to the exclusionary rule, but the judges found it didn’t apply under the state constitution.

Article I, Section 11 in some cases confers greater protections to individual rights than the Fourth Amendment affords, wrote Judge Crone. Agreeing with the reasoning in Webster v. State, 908 N.E.2d 289, 293 (Ind. Ct. App. 2009), the judges held the attenuation doctrine as it currently exists as a separate analysis to circumvent the exclusionary rule for Fourth Amendment purposes has no application under the state constitution.

“We have already determined pursuant to the Litchfield factors that the police officers in this case acted unreasonably under the totality of the circumstances when they entered Trotter’s residence with no warrant, no probable cause, and no exigency,” he wrote. “We further conclude that Trotter’s alleged act of pointing a firearm was a direct response to the police misconduct, and in no way does Trotter’s behavior make the police misconduct any more reasonable.”

Judge Crone noted that even if they were to consider application of the doctrine that it wouldn’t apply in the instant case. The judges reversed the denial of Trotter’s motion to suppress and the grant of the state’s motion to clarify, and remanded for additional proceedings.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...