ILNews

COA orders trial on drug charges

Back to TopCommentsE-mailPrintBookmark and Share

On interlocutory appeal, the Indiana Court of Appeals affirmed a trial court’s denial of an Elkhart County man’s motion to suppress evidence police seized from him and his residence while investigating possible drug dealing.

Police believed Ignacio Perez may have been involved in supplying cocaine to a man who sold the drug to an undercover officer. Three cars involved in the drug buys were seen at Perez’s property, including one registered in his name. Police went to Perez’s home to speak with him, and Perez freely stepped outside and closed his front door. He seemed nervous and became agitated when his wife opened the door. He yelled at her in Spanish and bumped into an officer trying to get to the front door, which led to police putting Perez in handcuffs and charging him with resisting law enforcement.

A dog sniff of the closed front door alerted officers to the presence of illegal narcotics. A search warrant turned up cocaine, a handgun, ammunition, scales, plastic baggies and more than $2,400 in cash. Perez was charged with Class A felony dealing in cocaine and Class A misdemeanor resisting law enforcement. He filed a motion to suppress all evidence seized, which was denied.

Perez argues that the evidence must be suppressed because the police illegally detained him and handcuffed him, so his arrest for resisting law enforcement was unlawful and the subsequent search of his person violated his right to be free from unreasonable search and seizure. Perez also claims that there was no probable cause to issue the search warrant for his residence and that the evidence seized during the search of his residence was unlawful.

In Ignacio Perez v. State of Indiana, 20A03-1206-CR-247, the judges noted the encounter between police and Perez began consensually and they rejected his claim that his detention was unconstitutional under the Fourth Amendment merely because the police were on his property.

The police had reasonable suspicion that criminal activity was afoot and could lawfully detain Perez based on the evidence that Perez’s home was linked to multiple sales of cocaine, he had surveillance cameras set up outside, and he locked his front door and moved away from it when talking to police, the judges held. The officers also didn’t know what Perez was yelling in Spanish to his wife, so it was reasonable for them to detain him to control the scene.

The trial court properly denied the motion to suppress the cash seized from Perez following his arrest for resisting law enforcement, and the canine sniff was not an illegal search, the COA ruled.

Finally, the judges found that probable cause existed to issue the search warrant and that Perez’s claims that the search and seizure were violations under Article I, Section 11 of the Indiana Constitution also fail.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  2. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  3. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  4. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

  5. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

ADVERTISEMENT