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COA: Statements not made in illegal detention

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The Indiana Court of Appeals affirmed the denial of a defendant's motion to suppress statements given to authorities while detained, finding he was legally detained because police already had probable cause to arrest him.

In Alton Moss v. State of Indiana, No. 27A04-0805-CR-257, Alton Moss was charged with felony murder and conspiracy to commit robbery while armed with a deadly weapon following the murder of Jamie Smith at his home in Grant County. A witness mentioned Moss' name as a person inside the home at the time of the murder. Months later, a Grant County inmate told police Moss confessed to killing Smith while attempting to rob him of marijuana, and the grandfather of one of Moss' children told police Moss had made incriminating statements about the Smith killing.

After Moss' fiancee told police Moss had told her he and his brother tried to steal drugs from a man, who was shot, police arrested Moss on an outstanding body attachment from a civil case in Howard County. Police didn't tell Moss or his fiancee that there was also a body attachment in a different matter on Moss in Grant County. Police told the fiancee she couldn't post bond in the Howard County matter. Afterwards, Moss signed a waiver of his Miranda rights and gave his version of what happened at Smith's home.

After he was charged, Moss filed a motion to suppress his statements, arguing they were given during an illegal detention, he gave them involuntarily, and Miranda violations made them inadmissible. The trial court denied the motion, but granted his order for interlocutory appeal only on the grounds of the legality of his detention.

The Court of Appeals found some merit in Moss' argument that he was illegally detained because his fiancee tried to post bond before he was questioned but wasn't able to, and that neither of them were aware of the Grant County body attachment and bond until after he was interrogated. The detective who told Moss' fiancee she couldn't post bond was misleading, but the fiancee never questioned why she couldn't post bond nor did she try to post it elsewhere, wrote Judge Patricia Riley. Plus, there's no evidence Moss invoked his right to offer bail.

"In any event, we need not determine the legality of Moss' detention vis-a-vis the two body attachments and bonds, because we agree with the State that the police had an independent basis on which to hold Moss: probable cause to arrest Moss for his involvement in the crimes against Smith," she wrote.

The police had probable cause based on the testimony of several people linking Moss to the crime even before Moss gave his statements while detained.

The appellate court remanded the cause to the trial court for further proceedings and noted that if he is convicted, he could raise his other two issues on appeal.

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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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