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Justices: Search of vehicle violated woman’s constitutional rights

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The Indiana Supreme Court Thursday reversed the admittance of statements a woman made to police after a concerned citizen set up a sting operation attempting to catch an alleged drug dealer. The justices held that the warrantless seizure of Danielle Kelly’s person and vehicle violated her constitutional rights.

Kelly rode with her cousin Lamont Day to the home of Carolyn Goodwin. Goodwin had contacted police and told them she arranged to purchase cocaine from a man who she said was selling drugs to her friends at Fortville bars. Goodwin had never been a confidential informant and she did not provide the man’s name or physical description of him or his car, but that man turned out to be Day. Goodwin never mentioned Kelly.

When the two arrived at Goodwin’s home, police ordered Day and Kelly out of the car. Police questioned Kelly who said she knew about the cocaine in the car. Then police read her the Miranda warning, and Kelly again said she knew about the drug. She was charged with two Class A felonies: dealing in and possession of cocaine within 1,000 feet of a public park or youth program center.

On interlocutory appeal, the Indiana Court of Appeals affirmed the admittance of the cocaine found in the search of the vehicle and Kelly’s statements to police after she received the Miranda warning.

In Danielle Kelly v. State of Indiana, 30S01-1303-CR-220, the justices held that the circumstances of the case constitute an arrest that must be supported by probable cause. The police came to Goodwin’s house based on her attempted sting operation, but they never corroborated the claim that Day had cocaine and he intended to sell it. Plus, Goodwin never told police anything about Kelly.

The high court also held that the plurality opinion in Missouri v. Siebert, 542 U.S. 600, 617 (2004), prohibits the admission of Kelly’s statements to Fortville Police Chief Benjamin Kiphart. The questioning of Kelly and her statements to police prior to being read her Miranda rights and the responses of Kiphart based on her statements led the justices to believe the references to Kelly’s pre-warning admission “inevitably diluted the potency of the Miranda warning such that it was powerless to cure the initial failure to warn, even if that failure was a product of a good-faith mistake,” Justice Mark Massa wrote.

“Although we have no knowledge of, and thus can express no opinion regarding, Chief Kiphart’s motives, we believe our jurisprudence, as well as that of our colleagues, makes it clear that Miranda requires a ‘warn-first practice,’” Massa continued.

He pointed out that officers may still, under Oregon v. Elstad, 470 U.S. 298, 318 (1985), cure a good-faith mistake by administering a proper warning before proceeding with further questioning. But, as in this case, that cure was impossible when it was followed by explicit references to a pre-warning incriminating statement.

 

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  1. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  2. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  3. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  4. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  5. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

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