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. Especially I would like to see all the republican voting patriotic good ole boys to stop and understand that the wars they have been volunteering for all along (especially the past decade at least) have not been for God & Jesus etc no far from it unless you think George Washington's face on the US dollar is god (and we know many do). When I saw the movie about Chris Kyle, I thought wow how many Hoosiers are just like this guy, out there taking orders to do the nasty on the designated bad guys, sometimes bleeding and dying, sometimes just serving and coming home to defend a system that really just views them as reliable cannon fodder. Maybe if the Christians of the red states would stop volunteering for the imperial legions and begin collecting welfare instead of working their butts off, there would be a change in attitude from the haughty professorial overlords that tell us when democracy is allowed and when it isn't. To come home from guarding the borders of the sandbox just to hear if they want the government to protect this country's borders then they are racists and bigots. Well maybe the professorial overlords should gird their own loins for war and fight their own battles in the sandbox. We can see what kind of system this really is from lawsuits like this and we can understand who it really serves. NOT US.... I mean what are all you Hoosiers waving the flag for, the right of the president to start wars of aggression to benefit the Saudis, the right of gay marriage, the right for illegal immigrants to invade our country, and the right of the ACLU to sue over displays of Baby Jesus? The right of the 1 percenters to get richer, the right of zombie banks to use taxpayer money to stay out of bankruptcy? The right of Congress to start a pissing match that could end in WWIII in Ukraine? None of that crud benefits us. We should be like the Amish. You don't have to go far from this farcical lawsuit to find the wise ones, they're in the buggies in the streets not far away....

  2. Moreover, we all know that the well heeled ACLU has a litigation strategy of outspending their adversaries. And, with the help of the legal system well trained in secularism, on top of the genuinely and admittedly secular 1st amendment, they have the strategic high ground. Maybe Christians should begin like the Amish to withdraw their services from the state and the public and become themselves a "people who shall dwell alone" and foster their own kind and let the other individuals and money interests fight it out endlessly in court. I mean, if "the people" don't see how little the state serves their interests, putting Mammon first at nearly every turn, then maybe it is time they wake up and smell the coffee. Maybe all the displays of religiosity by American poohbahs on down the decades have been a mask of piety that concealed their own materialistic inclinations. I know a lot of patriotic Christians don't like that notion but I entertain it more and more all the time.

  3. If I were a judge (and I am not just a humble citizen) I would be inclined to make a finding that there was no real controversy and dismiss them. Do we allow a lawsuit every time someone's feelings are hurt now? It's preposterous. The 1st amendment has become a sword in the hands of those who actually want to suppress religious liberty according to their own backers' conception of how it will serve their own private interests. The state has a duty of impartiality to all citizens to spend its judicial resources wisely and flush these idiotic suits over Nativity Scenes down the toilet where they belong... however as Christians we should welcome them as they are the very sort of persecution that separates the sheep from the wolves.

  4. What about the single mothers trying to protect their children from mentally abusive grandparents who hide who they truly are behind mounds and years of medication and have mentally abused their own children to the point of one being in jail and the other was on drugs. What about trying to keep those children from being subjected to the same abuse they were as a child? I can understand in the instance about the parent losing their right and the grandparent having raised the child previously! But not all circumstances grant this being OKAY! some of us parents are trying to protect our children and yes it is our God given right to make those decisions for our children as adults!! This is not just black and white and I will fight every ounce of this to get denied

  5. Mr Smith the theory of Christian persecution in Indiana has been run by the Indiana Supreme Court and soundly rejected there is no such thing according to those who rule over us. it is a thought crime to think otherwise.