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Judges disagree in police entry case

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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.

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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