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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

ADVERTISEMENT