ILNews

Justices affirm convictions after toddler found wandering by police

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court affirmed the admittance of drugs and other evidence obtained by police after searching an apartment following a report of an unattended child. The justices found both parents gave their consent for police to make sure the apartment was fit before returning the child to their care.

Police found an unsupervised toddler wandering half-naked near a pond in an apartment complex. Nick McIlquham approached police and told them he was the father and he had fallen asleep while watching her. Police told McIlquham they need to come back and make sure his apartment was safe for the girl and they would likely call child protection services. McIlquham consented and as they entered the apartment, he quickly headed for the kitchen. The officers saw him put something in his pants, so they conducted a pat down and discovered marijuana. More drugs and paraphernalia were in plain sight.

Police called the girl’s mother, who was the person who signed the apartment lease, and when she arrived home was upset to learn police had found drugs. They told her that CPS would be notified but it was not their decision as to whether the girl would be removed from the home. She consented to a full search of the home, and officers found more drugs and a gun in a bedroom. McIlquham admitted they were his and the girl’s mother did not know about them.

He pleaded guilty to neglect of a dependent and marijuana possession charges, and went to trial on firearm, dealing and paraphernalia counts. He sought to suppress the admittance of the evidence found during the searches, claiming he and the mother consented under duress of threats to take the girl into CPS custody. The trial court denied the motion and he was found guilty of the firearm and paraphernalia charges.

The Court of Appeals affirmed, citing the “community caretaking” exception to the Fourth Amendment, but the justices affirmed on the grounds that McIlquham and the mother validly consented to the searches.

The justices found no coercive words or actions in this case. Justice Loretta Rush noted that McIlquham initially approached police, so the encounter began as consensual and that he was allowed to carry his daughter back to the apartment.

“[W]hen Defendant told police ‘it was okay’ to check the apartment, we find no reason not to take his consent at face value,” she wrote in Nick McIlquham v. State of Indiana, 49S05-1401-CR-28.

“Making a ‘bee line’ to the kitchen, then furtively stuffing unknown objects into his pockets, amply warranted a pat-down for officer safety — and thus to discovery of the scales, cash, and additional marijuana that were in plain view on the counter. It was well within the trial court’s discretion to admit those items into evidence on the basis of consent, so we need not address the “community caretaking” rationale on which the Court of Appeals relied.”

The justices also rejected McIlquham’s claims that the mother was in custody or under duress when she consented to the apartment search. Rush noted that police told her it was up to the Department of Child Services and not police as to whether the girl would be taken into custody by CPS. And the record shows that the mother was eager for police help to find and confiscate anything that would be hazardous to her child.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. 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

  2. As an adoptive parent, I have to say this situation was as shameful as it gets. While the state government opens its wallet to the Simons and their friends, it denied payments to the most vulnerable in our state. Thanks Mitch!

  3. We as lawyers who have given up the range of First amendment freedom that other people possess, so that we can have a license to practice in the courts of the state and make gobs of money, that we agree to combat the hateful and bigoted discrimination enshrined in the law by democratic majorities, that Law Lord Posner has graciously explained for us....... We must now unhesitatingly condemn the sincerely held religious beliefs of religiously observant Catholics, Muslims, Christians, and Jewish persons alike who yet adhere to Scriptural exhortations concerning sodomites and catamites..... No tolerance will be extended to intolerance, and we must hate the haters most zealously! And in our public explanations of this constitutional garbledygook, when doing the balancing act, we must remember that the state always pushes its finger down on the individualism side of the scale at every turn and at every juncture no matter what the cost to society.....to elevate the values of a minority over the values of the majority is now the defining feature of American "Democracy..." we must remember our role in tricking Americans to think that this is desirable in spite of their own democratically expressed values being trashed. As a secular republic the United States might as well be officially atheist, religious people are now all bigots and will soon be treated with the same contempt that kluckers were in recent times..... The most important thing is that any source of moral authority besides the state be absolutely crushed.

  4. In my recent article in Indiana Lawyer, I noted that grass roots marketing -- reaching out and touching people -- is still one of the best forms of advertising today. It's often forgotten in the midst of all of today's "newer wave" marketing techniques. Shaking hands and kissing babies is what politicians have done for year and it still works. These are perfect examples of building goodwill. Kudos to these firms. Make "grass roots" an essential part of your marketing plan. Jon Quick QPRmarketing.com

  5. Hi, Who can I speak to regarding advertising today? Thanks, Gary

ADVERTISEMENT