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IBA: Recent Cases Highlight Greater Protection Afforded by Indiana Constitution

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IBA Crim JusticeThe Indiana Constitution often affords criminal defendants greater protections than the U.S Constitution. In the past two months, Indiana courts have demonstrated this to be true, particularly in the context of search and seizure. As show below, in addressing these issues, Indiana courts have expressed a clear willingness to diverge from U.S. Constitutional doctrines when it comes to protecting individual rights.

“Knock-and-Announce” and “Attenuation Doctrine” Under the Indiana Constitution

In the landmark case of Hudson v. Michigan, the U.S. Supreme Court held that the exclusionary rule does not apply when police officers violate the knock-and-announce rule. Hudson v. Michigan, 547 U.S. 586, 594 (2006). In Lacey, the Indiana Court of Appeals departed from the federal standard and found that a knock-and-announce violation may lead to the suppression of evidence.

In Lacey, the police obtained a warrant to search the defendant’s residence for illegal drugs and weapons. Lacey v. State, 931 N.E.2d 378, 381 (Ind. Ct. App. 2010). The Police Emergency Services Team decided to execute a “no-knock” search because of the defendant’s criminal history. Id. However, this criminal history was never disclosed to a neutral magistrate. Subsequently, the police officers forcefully entered the residence using a ramming device and announced their presence as they gained entry. Id. After a search and seizure, the defendant was charged with possession of a weapon, possession of marijuana, and maintaining a common nuisance. Id. The defendant moved to suppress evidence obtained in the search because the “no-knock” search violated his rights under the Indiana Constitution. Id.

The Indiana Court of Appeals held that “the unilateral decision to dispense with the knock-and-announce rule [was] unreasonable under Article 1, Section 11 of the Indiana Constitution where the relevant facts could have been presented in application for a ‘no-knock’ warrant.” Lacey, 931 N.E.2d at 385. In so holding, the court observed that there were no exigent circumstances to justify a no-knock search. Id. Additionally, the court determined that the officer should have presented the defendant’s criminal history to a neutral magistrate when obtaining the warrant. Id. At 384. The court then determined that the appropriate remedy for the constitutional violation was suppression of the evidence. In so doing, the court explicitly rejected the U.S. Supreme Court’s Fourth Amendment analysis in Hudson.

In Trotter, the Indiana Court of Appeals again parted ways with the U.S. Supreme Court with respect to the attenuation doctrine. Under Fourth Amendment jurisprudence, the exclusionary rule does not apply when the connection between unlawful police conduct and the subsequent discovery of evidence “become[s] so attenuated that the deterrent effect of the exclusionary rule no longer justifies its cost.” Brown v. Illinois, 422 U.S. 590, 609 (1975) (Powell, J., concurring).

In Trotter, the defendant was charged with two class D felonies for pointing a firearm and criminal recklessness after police officers unlawfully entered a pole barn and discovered the defendant pointing a firearm at them. Trotter v. State, 2010 Ind. App. LEXIS 1686, at *5 (Ind. Ct. App. Sept. 10, 2010). The defendant moved to suppress evidence, claiming that the officers’ warrantless entry into the private residence violated his Fourth Amendment rights. Id. At *5–6. Ultimately, the trial court determined that suppression was not required “pursuant to the attenuation doctrine exception to the exclusionary rule.” Id at *7.

On appeal, the Indiana Court of Appeals first determined that the officers’ warrantless entry violated both the U.S. and Indiana Constitutions. Id. At *13. The Court then turned to the State’s argument that the evidence should not be suppressed because the defendants’ pointing a firearm at the officers “dissipated the taint” of the unlawful entry. Trotter, 2010 Ind. App. LEXIS, at *15. The court disagreed, and held that “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 Indiana Constitution.” Id. At *17–18. Therefore, because the attenuation doctrine did not apply, suppression of the evidence was warranted. Id. At *18.

Preserving Indiana Constitutional Claims

Lacey and Trotter reinforce the need for Indiana criminal defense attorneys to properly preserve claims under the Indiana Constitution. However, in order to preserve an Indiana Constitutional claim, an attorney cannot merely object to evidence and make passing reference to the Indiana Constitution or even a specific article in the Indiana Constitution. At a minimum, when a litigant attempts to invoke Indiana Constitutional protections, the litigant must “provide a separate analysis of the state . . . [constitutional] claim or argue why it provides protection different than the federal constitution.” Valentin v. State, 688 N.E.2d 412, 413 (Ind.1997).

In Michigan v. Long, 463 U.S. 1032, 1040 (1983), the United States Supreme Court held that when “a state court decision fairly appears to rest primarily on federal law, or to be interwoven with the federal law, and when the adequacy of any possible state law ground is not clear from the face of the opinion,” it is assumed that the decision was grounded on federal law. Similarly, when a defendant fails to provide a state constitutional claim “separate” from a federal claim, our state courts will “only analyze” the claim under federal standards. Games v. State, 684 N.E.2d 466, 473 n. 7 (Ind. 1997) overruled on other grounds.•

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  1. Payday loans take advantage of people in many ways. It's great to hear that the courts are using some of their sins to pay money back to the community. Hopefully this will help change the culture of many loan companies, and make lending a much safer endeavor for those in need. http://lawsuitlendingnow.com/lawsuit-loans-post-settlement.html

  2. 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 .....

  3. 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.

  4. 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

  5. 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

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