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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. 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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