Tuggle v. State of Indiana - 4/15/14

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Tuesday  April 15, 2014 
3:00 PM  EST

3 p.m. 49A05-1308-CR-413. Tuggle arrived at an Indianapolis hospital emergency room, claiming to be the victim of a shooting and an armed robbery.  Although the police seized Tuggle’s clothing from the hospital and obtained a search warrant prior to performing any DNA testing, Tuggle contends that the DNA test results confirming that Tuggle was a suspect in another shooting should not have been admitted into evidence.  Tuggle argues that he never relinquished any privacy rights in his property and the clothing showed no immediate apparent incriminating characteristics.  Thus, Tuggle claims that the initial seizure of his clothing violated his rights to be free from unreasonable search and seizure under the Fourth Amendment to the United States Constitution and Article I Section 11 of the Indiana Constitution.  Therefore, Tuggle contends that the results of the DNA testing on the clothing were improperly admitted into evidence.       

The State counters that the clothing was properly seized and secured under both the plain view doctrine and the presence of exigent circumstances.  The State argues that a search warrant allowing the DNA testing was properly obtained, and there was no violation of either the Fourth Amendment or the Indiana Constitution.  Hence, the State asserts that the results of the DNA testing pointing to Tuggle as a suspect of the murder were properly admitted into evidence.

Tuggle was ultimately convicted of murder and sentenced to fifty years of incarceration.  This appeal ensues.

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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