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Justices affirm convictions after toddler found wandering by police

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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.

 

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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