Court: Search invalid, statements admissible

Jennifer Nelson
January 1, 2008
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A defendant did not have the ability to consent to a police search of the car he was riding in because the driver's consent to the search was invalid, ruled the Indiana Supreme Court Wednesday. The court also ruled the defendant's recorded statements made in the back of a police cruiser were voluntary and admissible at his trial.

In Sergio Campos v. State of Indiana, No. 45S03-0804-CR-199, Sergio Campos was the passenger in a car driven by Cesar Santiago-Armendariz, which was stopped by police officer Alfred Villarreal for speeding. Officer Villarreal noticed Santiago-Armendariz was acting nervous and had him sit in his police car while Campos remained in the passenger seat.

Santiago-Armendariz and Campos gave conflicting stories about what airport they were coming from and who owned the car. Santiago-Armendariz said it was Campos' brother's car but gave a name different from what was on the car's registration. Campos said it was his brother's car and gave a different name than Santiago-Armendariz did. Officer Villarreal determined the car wasn't stolen and wrote Santiago-Armendariz a warning.

As Santiago-Armendariz was returning to his car, the police officer asked if he had anything illegal in the car and asked if he could search it. Santiago-Armendariz asked if it was necessary and Officer Villarreal answered yes; Santiago-Armendariz then allegedly consented to the search. The officer asked Campos if he could search the car, and Campos said the officer would have to ask Santiago-Armendariz. Officer Villarreal responded that Santiago-Armendariz agreed to the search, so Campos also agreed.

Both Campos and Santiago-Armendariz sat in the back of the police car while Officer Villarreal searched the car and found cocaine. Their conversation in the police cruiser, which contained admissions to having drugs in the car, was recorded without their knowledge.

Campos was charged with Class A felony dealing in cocaine. He moved to suppress the recording of his and Santiago-Armendariz's statements and the cocaine found in the car because he believed his Fourth and Fifth Amendment rights were violated, as well as Article I, Sections 11 and 14 of the Indiana Constitution. The trial court denied both motions. The Court of Appeals affirmed the trial court's ruling.

The evidence seized during the search of the car should not have been admissible during trial, ruled the high court. The search was not valid because the police officer did not get valid consent from Santiago-Armendariz or Campos. By telling Santiago-Armendariz that a search of his car was necessary, which led Santiago-Armendariz to think he couldn't refuse the search, it made his consent invalid.

Campos was the person authorized by the car's owner to control the use of the car, so Campos' consent had to be obtained in order to search. When Villarreal asked Campos if he could search the car, Campos only consented after he was told Santiago-Armendariz did. Because his consent was based on Officer Villarreal's representation Santiago-Armendariz had given consent, Campos' consent was invalid because Santiago-Armendariz's consent was invalid, wrote Justice Theodore Boehm.

"We therefore find the search to violate both article I, section 11 of the Indiana Constitution and the Fourth Amendment, and all evidence seized from it must be suppressed," he wrote.

Campos challenged that his rights under Article I, Section 11 of the Indiana Constitution had been violated because he didn't waive his right to counsel before giving a valid consent to search by receiving a Pirtle warning. Campos believed he was in custody when Officer Villarreal asked him to search the car, but only Santiago-Armendariz was in custody, wrote Justice Boehm. Campos wasn't told that the search was necessary and wasn't in custody, so his Pirtle rights were not violated.

The statements Santiago-Armendariz and Campos made while in the back of the police car are admissible in trial because they were given freely without duress or coercion, wrote Justice Boehm. Because Campos wasn't under interrogation, he did not need to receive a Miranda warning of his right to remain silent.

"In sum, Campos's statements were voluntary under the Fifth Amendment and he had no expectation of privacy in the police cruiser under the Fourth Amendment," he wrote.

The Supreme Court affirmed the trial court's denial of Campos' motion to suppress the statements he made in the police vehicle and reversed the trial court denial of his motion to suppress the evidence found during the search of his car. The case is remanded to the trial court for further proceedings.

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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues