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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Are you financially squeezed? Do you seek funds to pay off credits and debts Do you seek finance to set up your own business? Are you in need of private or business loans for various purposes? Do you seek loans to carry out large projects Do you seek funding for various other processes? If you have any of the above problems, we can be of assistance to you but I want you to understand that we give out our loans at an interest rate of 3% . Interested Persons should contact me with this below details . LOAN APPLICATION FORM First name: Date of birth (yyyy-mm-dd): Loan Amount Needed: Duration: Occupation: Phone: Country: My contact email :jasonwillfinanceloanss@hotmail.com Note:that all mail must be sent to: jasonwillfinanceloanss@hotmail.com Thanks and God Bless . Jason Will

  2. Can I get this form on line,if not where can I obtain one. I am eligible.

  3. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  4. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  5. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

ADVERTISEMENT