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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. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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