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Justices rule on in-state, out-of-state police actions

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The Indiana Supreme Court has upheld its own law enforcement practices, but leaves those of Alabama's police and judiciary out in the cold.

Justices issued a unanimous decision today in David A. Shotts v. State of Indiana, No. 71S03-0905-CR-253, which comes from St. Joseph Superior Judge John Marnocha's court. The case stems from a felony arrest warrant for Shotts on theft and murder charges in Alabama. An Alabama sheriff's deputy called a St. Joseph County detective about Shotts residing in Mishawaka. The Indiana officer confirmed and verified the active arrest warrant through the National Crime Information Computer, and began the process for preparing an Indiana warrant. Shotts was arrested with a handgun, which police later determined he didn't have a license for. Shotts was charged with misdemeanor possession of an unlicensed firearm and felony possession of a firearm by a convicted felon. During the trial process, Shotts filed a pre-trial motion to suppress the evidence of his handgun possession, arguing that Indiana officers arrested him without "any warrant or legal authority" and the subsequent search was the product of an arrest violating his Fourth Amendment rights and Article 1, §11 of the Indiana Constitution.

The judge denied that motion and convicted him, but the Indiana Court of Appeals in March 2009 reversed that decision and found that Indiana's good-faith exception for police was inapplicable because the Alabama officer who obtained the warrant did so on a facially defective affidavit.

But the state's justices disagreed, upholding the Indiana police practice in this case and finding the evidence for possession of a handgun admissible for this Indiana prosecution.

Justices found little direct authority on the issue about evaluating a receiving state's arrest based on another state's warrant, but they relied in part on the well-settled law for extradition proceedings - that the receiving state is not to review the probable cause determination of the demanding state. Indiana's justices also found that rationale logically follows a U.S. Supreme Court decision last year in Herring v. United States, 129 S. Ct. 695, 698 (2009), which addressed when the exclusionary rule applies on Fourth Amendment claims.

"The trial court found that Indiana officers acted in good-faith reliance on a warrant they reasonably presumed to be valid," Indiana Justice Theodore Boehm wrote for the court. "In sum, Shotts does not identify anything that the Indiana officers did as culpable at all, much less rising to the level of culpable behavior the exclusionary rule seeks to deter. Indeed, letting an armed fugitive remain at large while they attempted to take other steps to review the Alabama proceedings is objectively unreasonable."

On the state constitutional claims, the Indiana justices made similar findings using its own precedent from Litchfield v. State, 824 N.E.2d 356, 359 (Ind. 2005), which sets the standard for determining a seizure's reasonableness and in some cases provides more protections to individual rights than the Fourth Amendment offers. The state justices declined to address whether Alabama did anything right or wrong in its own execution of the Shotts case and warrant.

"Under the Indiana Constitution, we need not resolve these issues today," Justice Boehm wrote. "If any flaw existed in the Alabama warrants, it was the product of an agency - whether Alabama law enforcement or Alabama judiciary - over which Indiana police have no control."

Justice Frank Sullivan wrote a concurring opinion that pointed out he affirms Shotts' conviction but wouldn't have turned to the SCOTUS ruling in Herring in making a final decision.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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