Judges disagree in police entry case

Back to TopE-mailPrintBookmark and Share

An Indiana Court of Appeals judge dissented from his colleagues' decision denying a man's motion to suppress evidence because he didn't believe the police officers were justified in kicking down the man's door and entering his apartment.

In his dissent in Luis E. Duran v. State of Indiana,  No. 45A03-0811-CR-569, Judge Carr Darden cited the fact the police were trying to serve a routine arrest warrant for Nelson Hernandez for a charge of auto theft and the officers' testimony about how they came to Luis Duran's apartment instead and their actions inside as reasons for why he would grant Duran's motion to suppress evidence.

A bystander in an apartment complex told police that Hernandez lived on the second floor of the building and had a green door. That apartment actually belonged to Duran; Hernandez was staying in a different apartment on the second floor. Police knew Hernandez had been recently injured and on crutches.

The police knocked on the green-door apartment, to which Duran responded, "Hold on a minute" after police identified themselves. After hearing some rustling and then silence, the police kicked down the door and found Duran alone in the apartment with a bag of cocaine on the window sill. He was charged with Class A felony dealing in cocaine and Class C felony possession of cocaine; the trial court denied his motion to suppress.

Duran argued on appeal the entry into his apartment violated the Fourth Amendment and Article I, Section 11 of the Indiana Constitution.

The majority examined caselaw, including Payton v. New York, 445 U.S. 573, 576 (1980), and Steagald v. United States, 451 U.S. 204, 212, 215-16 (1981), and the Circuit courts' interpretations of the holdings to conclude that the police needed reasonable belief that Hernandez resided at the green-door apartment and that Hernandez was at the apartment at the time of entry.

The majority found the officers' reliance on the testimony from the bystander to be reasonable because one of the officers could corroborate part of the bystander's story, the green door was important because the apartment lacked identifying numbers or mailboxes, and the man didn't want to be identified because he didn't want to be "in trouble with" Hernandez. The officers also believed Hernandez to be in the apartment because they knew he was immobile because of an injury and the long delay in answering the door.

Judges Margret Robb and L. Mark Bailey ruled the officers didn't violate Duran's Fourth Amendment rights or his rights under Article I, Section 11 because the Litchfield factors, in their totality, favor a finding the officers' conduct was reasonable.

Judge Darden relied heavily on the conflicting testimony of the arresting officers surrounding the entry of the apartment for why he would grant the motion to suppress.

"I appreciate the majority's careful attention to precedent in reaching the result it has. However, I am deeply troubled by testimony indicating that police officers believe that when the resident of a dwelling does not open a door, after having simply heard the announcement that 'police' are outside, the officers may kick in that door to gain entry," he wrote.


Sponsored by
Subscribe to Indiana Lawyer
  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.