ILNews

Mother, wife could consent to search of home for meth

Back to TopCommentsE-mailPrintBookmark and Share

A man convicted of making methamphetamine objected to his conviction, arguing that his mother, who he claims has Alzheimer’s disease, and his wife did not have the authority to allow police to search his home on the report he was making the drug.

Jennifer and Casey Walker lived with Casey Walker’s mother, Mary Walker, who owned the home. Casey Walker served as her power of attorney, but his mother was not under a guardianship. Jennifer Walker saw her husband put something into a plastic bottle and smelled a chemical odor, so she believed he was making meth. She took her mother-in-law to her sister’s home and called police.

Police met with the wife and mother, and they consented to police entering the house. Police knocked on the door several times and went inside after receiving no response. They placed Casey Walker in handcuffs and noticed a chemical odor in the home. Officers also saw objects related to the manufacturing of meth. This led to a search warrant, where officers found other related items.

Casey Walker sought to suppress the evidence, claiming the search warrant wasn’t valid and his wife and mother couldn’t authorize police to enter the home. His motions were denied, and he was convicted of Class A felony manufacturing meth and sentenced to 30 years.

In Casey Walker v. State of Indiana, 76A04-1204-CR-207, Casey Walker argued his mother was incompetent and could not consent. But at the time of the search, Mary Walker wasn’t under a guardianship and was not divested of making decisions for herself, Judge John Baker wrote. In addition, Casey Walker didn’t present any evidence regarding his mother’s mental capacity.

The judges found Jennifer Walker had the ability to consent to the search: She is Casey Walker’s wife and they live in the same home. They also found the case distinguishable from Georgia v. Randolph, 547 U.S. 103 (2006).

“Unlike in Randolph, there is no indication that Walker explicitly refused consent. Thus, the trial court properly admitted the evidence discovered during the search, and we affirm the decision of the trial court,” Baker wrote.

 

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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

ADVERTISEMENT