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COA finds man initiated communication with detective

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The Indiana Court of Appeals has affirmed the denial of a defendant’s motion to suppress an incriminating statement to a detective because the defendant initiated the discussion and understood his Miranda rights before speaking.

In Brian Scott Hartman v. State of Indiana, No. 68A01-1106-CR-264, Brian Scott Hartman was in jail on burglary charges when a sheriff’s detective asked Hartman about his father. Hartman requested to speak with an attorney, so questioning stopped. The next day, detective Tom Pullins executed two search warrants of Hartman’s property and found the body of the father. Pullins went to the jail to read the search warrants to Hartman and ask if he had any questions. Hartman indicated he wanted to speak to detectives, was advised of his Miranda rights, and Hartman waived his rights and made an incriminating statement about his involvement in his father’s death.

Hartman tried to have the statement suppressed at his trial for murder and Class C felony assisting suicide, but the trial court denied it.

On interlocutory appeal, the COA couldn’t find an Indiana case directly on point with this issue and relied on State v. Person, 104 P3.d 976, 980-83 (Idaho Ct. App. 2004), to affirm the lower court. The facts are similar in the Person case, in which the trial court concluded that police had not re-initiated the interrogation, but had appropriately contacted Person to inform him of the charges he faced by reading an arrest warrant to Person.

As in Person, Pullins didn’t re-initiate the interrogation. Hartman initiated further communication by asking whether the search warrant had been served and whether anything had been found. Hartman then told Pullins he wanted to speak with him and waived his Miranda rights before making the statement. Thus, the trial court didn’t err in denying Hartman’s motion to suppress.

 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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