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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. 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 .....

  2. 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.

  3. 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

  4. 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

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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