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IBA: Recent Cases Highlight Greater Protection Afforded by Indiana Constitution

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IBA Crim JusticeThe Indiana Constitution often affords criminal defendants greater protections than the U.S Constitution. In the past two months, Indiana courts have demonstrated this to be true, particularly in the context of search and seizure. As show below, in addressing these issues, Indiana courts have expressed a clear willingness to diverge from U.S. Constitutional doctrines when it comes to protecting individual rights.

“Knock-and-Announce” and “Attenuation Doctrine” Under the Indiana Constitution

In the landmark case of Hudson v. Michigan, the U.S. Supreme Court held that the exclusionary rule does not apply when police officers violate the knock-and-announce rule. Hudson v. Michigan, 547 U.S. 586, 594 (2006). In Lacey, the Indiana Court of Appeals departed from the federal standard and found that a knock-and-announce violation may lead to the suppression of evidence.

In Lacey, the police obtained a warrant to search the defendant’s residence for illegal drugs and weapons. Lacey v. State, 931 N.E.2d 378, 381 (Ind. Ct. App. 2010). The Police Emergency Services Team decided to execute a “no-knock” search because of the defendant’s criminal history. Id. However, this criminal history was never disclosed to a neutral magistrate. Subsequently, the police officers forcefully entered the residence using a ramming device and announced their presence as they gained entry. Id. After a search and seizure, the defendant was charged with possession of a weapon, possession of marijuana, and maintaining a common nuisance. Id. The defendant moved to suppress evidence obtained in the search because the “no-knock” search violated his rights under the Indiana Constitution. Id.

The Indiana Court of Appeals held that “the unilateral decision to dispense with the knock-and-announce rule [was] unreasonable under Article 1, Section 11 of the Indiana Constitution where the relevant facts could have been presented in application for a ‘no-knock’ warrant.” Lacey, 931 N.E.2d at 385. In so holding, the court observed that there were no exigent circumstances to justify a no-knock search. Id. Additionally, the court determined that the officer should have presented the defendant’s criminal history to a neutral magistrate when obtaining the warrant. Id. At 384. The court then determined that the appropriate remedy for the constitutional violation was suppression of the evidence. In so doing, the court explicitly rejected the U.S. Supreme Court’s Fourth Amendment analysis in Hudson.

In Trotter, the Indiana Court of Appeals again parted ways with the U.S. Supreme Court with respect to the attenuation doctrine. Under Fourth Amendment jurisprudence, the exclusionary rule does not apply when the connection between unlawful police conduct and the subsequent discovery of evidence “become[s] so attenuated that the deterrent effect of the exclusionary rule no longer justifies its cost.” Brown v. Illinois, 422 U.S. 590, 609 (1975) (Powell, J., concurring).

In Trotter, the defendant was charged with two class D felonies for pointing a firearm and criminal recklessness after police officers unlawfully entered a pole barn and discovered the defendant pointing a firearm at them. Trotter v. State, 2010 Ind. App. LEXIS 1686, at *5 (Ind. Ct. App. Sept. 10, 2010). The defendant moved to suppress evidence, claiming that the officers’ warrantless entry into the private residence violated his Fourth Amendment rights. Id. At *5–6. Ultimately, the trial court determined that suppression was not required “pursuant to the attenuation doctrine exception to the exclusionary rule.” Id at *7.

On appeal, the Indiana Court of Appeals first determined that the officers’ warrantless entry violated both the U.S. and Indiana Constitutions. Id. At *13. The Court then turned to the State’s argument that the evidence should not be suppressed because the defendants’ pointing a firearm at the officers “dissipated the taint” of the unlawful entry. Trotter, 2010 Ind. App. LEXIS, at *15. The court disagreed, and held that “the attenuation doctrine as it currently exists as a separate analysis to circumvent the exclusionary rule for Fourth Amendment purposes has no application under the Indiana Constitution.” Id. At *17–18. Therefore, because the attenuation doctrine did not apply, suppression of the evidence was warranted. Id. At *18.

Preserving Indiana Constitutional Claims

Lacey and Trotter reinforce the need for Indiana criminal defense attorneys to properly preserve claims under the Indiana Constitution. However, in order to preserve an Indiana Constitutional claim, an attorney cannot merely object to evidence and make passing reference to the Indiana Constitution or even a specific article in the Indiana Constitution. At a minimum, when a litigant attempts to invoke Indiana Constitutional protections, the litigant must “provide a separate analysis of the state . . . [constitutional] claim or argue why it provides protection different than the federal constitution.” Valentin v. State, 688 N.E.2d 412, 413 (Ind.1997).

In Michigan v. Long, 463 U.S. 1032, 1040 (1983), the United States Supreme Court held that when “a state court decision fairly appears to rest primarily on federal law, or to be interwoven with the federal law, and when the adequacy of any possible state law ground is not clear from the face of the opinion,” it is assumed that the decision was grounded on federal law. Similarly, when a defendant fails to provide a state constitutional claim “separate” from a federal claim, our state courts will “only analyze” the claim under federal standards. Games v. State, 684 N.E.2d 466, 473 n. 7 (Ind. 1997) overruled on other grounds.•

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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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