ILNews

COA: Warrant didn't need to be admitted

Back to TopCommentsE-mailPrintBookmark and Share

In a case of first impression involving whether an active arrest warrant must be admitted into evidence when the defendant has not challenged the warrant's validity, the Court of Appeals has affirmed an appellant-defendant's conviction of Class A misdemeanor possession of marijuana that an officer discovered during a routine traffic stop.

The sole issue on appeal in Josa Williams v. State of Indiana, No. 49A02-0806-CR-505, was whether the trial court abused its discretion and violated Josa Williams' constitutional rights by admitting evidence of marijuana seized from the appellant's person.

When Williams was stopped for a routine traffic violation Jan. 23, Indianapolis Metropolitan Police Officer Demetric Smith discovered there was an outstanding warrant for Williams' arrest. Officer Smith then handcuffed and searched Williams, and discovered a bag of marijuana in Williams' pocket.

On Jan. 24, Williams was charged with Class A misdemeanor possession of marijuana. A bench trial was held March 12; the trial court overruled Williams' objection to the introduction of the marijuana, because it was "evidence gained as a result of the allege[d] warrant," according to trial records referenced in the Court of Appeals opinion.

After the trial, Williams filed a motion to suppress evidence of the marijuana. The trial court denied Williams' motion April 18, and found him guilty as charged.

"Williams argues that the State failed to prove that the arrest was lawful and that, as such, evidence of the marijuana produced in the search should not have been admitted. See Best v. State, 817 N.E.2d 685, 689 (Ind. Ct. App. 2004) (holding search of defendant's person impermissible where arrest warrant is invalid at time of search)," Judge Terry Crone wrote.

"Here, Williams never challenged the validity of the warrant, and there was no evidence that the warrant was invalid. However, he argues that the State's failure to place the arrest warrant in evidence amounts to reversible error," Judge Crone added.

In a footnote, it is noted that Officer Smith's testimony at trial regarding the existence of the outstanding warrant was enough for this case.

"We note that the warrant was referenced in detail by cause number in the probable cause affidavit filed with the charging information. ... We also note that the warrant is a public record easily accessible to Williams, and there is no indication of any motion to compel discovery of it," Judge Crone wrote.

The opinion mentions an Indiana Supreme Court case, Guajardo v. State, 496 N.E.2d 1300 (Ind. 1986), that notes "the State was obligated to introduce the search warrant and probable cause affidavit into evidence after [the defendant] challenged the adequacy of the warrant," but this does not apply to outstanding arrest warrants.

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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

ADVERTISEMENT