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Defendant’s argument should be made to rules committee

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In affirming the denial of a man’s motion to suppress statements he made to an officer at a gas station, the Indiana Court of Appeals pointed out that his arguments pertaining to Indiana Evidence Rule 617 would be better presented to the Evidence Rules Review Committee.

Indianapolis Metropolitan Police Department officer Steven Ferklic found Steven Steele slumped unconscious in his Jeep, which was stopped near an intersection with three flat tires and the engine off. Eventually, Steele awoke, and Ferklic arrested him for misdemeanor public intoxication. Ferklic took Steele to a nearby gas station to administer field sobriety tests on a more level surface. He read Steele his Miranda rights, after which Steele admitted he had driven the Jeep.

The officer then took Steele to a police station to administer more tests, which Steele failed. He was then charged with various misdemeanor and felony drunken-driving counts.

Steele sought to have his statements made to Ferklic at the gas station suppressed based on Ind. Evidence Rule 617, which says evidence of a statement made by someone during a custodial interrogation in a place of detention shall not be admitted against the person unless an electronic recording of the statement was made, with a few exceptions. Steele claims Ferklic violated this rule by not transporting him to a “place of detention” to record his statement.

“Two observations are in order. One, Evidence Rule 617 does not apply in this case because Officer Ferklic’s interrogation of Steele did not occur in a Place of Detention. And two, the rule does not, either explicitly or implicitly, impose an affirmative duty on law enforcement officers to transport a person to a Place of Detention before conducting a Custodial Interrogation. Steele’s policy arguments for imposing such a duty should be directed to the Evidence Rules Review Committee, which may recommend to the Indiana Supreme Court that the rule be amended accordingly,” Judge Terry Crone wrote in Steven B. Steele v. State of Indiana, 49A05-1202-CR-54.

 

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  1. Hello currently just withdrew from laporte county drug court and now I have lost the woman I love which also was in drugcourt and was put in jail without a,lawyer presentfor her own safety according to the judge and they told her she could have a hearing in two weeks and now going on 30days and still in jail no court date and her public defender talks like he,s bout to just sell her up the river.

  2. 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.

  3. 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.

  4. 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)

  5. 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)

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