ILNews

COA orders trial on drug charges

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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.

 

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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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