ILNews

Judges reverse denial of motion to suppress

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The Indiana Court of Appeals found police should have given a Spanish-speaking man arrested for driving without receiving a license a Miranda warning before he filled out an information sheet. As a result of his answers, police later charged him with forgery because his name on the sheet didn’t match what he provided to his employer.

Jose Castillo-Aguilar was stopped by police because his car had a cracked windshield. He provided identification cards with two different names. Because he speaks little English and the police officer didn’t speak Spanish, the officer brought Castillo-Aguilar to the police station to find out his identity. Castillo-Aguilar was given an “information sheet” in Spanish to fill out, which asked for data such as his full name and address, time living in Goshen, the name of his car insurance company, and the name and location of his employer. He was not given a Miranda warning prior to filing out the sheet.

Based on the information he provided, police charged Castillo-Aguilar with Class C felony forgery because his employer identified Castillo-Aguilar as an employee named Gilberto Beltran. Castillo-Aguilar filed a motion to suppress his answers on the sheet and evidence collected thereafter, but the trial court denied it.

On interlocutory appeal in Jose Castillo-Aguilar v. State of Indiana, No. 20A04-1003-CR-195, the appellate court concluded Castillo-Aguilar should have been given Miranda warnings before filling out the sheet because certain questions on it – such as where he worked – were used to elicit an incriminating response that was later the basis for the charges against him. Castillo-Aguilar was subject to an “interrogation” when he was asked to fill out the information sheet at the police station, wrote Judge Melissa May.

The COA reversed the denial of his motion to suppress.

 

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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