ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

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.

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. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

  5. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

ADVERTISEMENT