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Police allowed to test seized shoe without warrant

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The Indiana Supreme Court held Wednesday that police do not need to have a warrant before testing lawfully seized evidence, even if that evidence is unrelated to the crime for which the defendant is in custody.

Douglas A. Guilmette argued that the trial court should have granted his motion to suppress the DNA evidence of Greg Piechocki found in blood in Guilmette’s shoe. Guilmette stole Piechocki’s car keys and cash while Piechocki was asleep in their co-worker’s house and Guilmette drove to Wal-Mart and Meijer, where he stole several items. He returned the car and left around 7 a.m. The co-worker discovered Piechocki’s body that afternoon, and it was determined Piechocki died from injuries suffered from being hit by a baseball bat.

Police questioned Guilmette and arrested him on two counts of theft after he admitted to taking the keys and money from Piechocki. They seized his clothes in accordance with standard booking protocol. After discovering what appeared to be blood on his shoe, police had it tested, which revealed Piechocki’s DNA. Guilmette was then also charged with murder and being a habitual offender. He was convicted as charged and sentenced to 92 years in prison.

The Court of Appeals affirmed, although the panel believed the DNA should not have been admitted, but was a harmless error. In Douglas A. Guilmette v. State of Indiana, 71S04-1310-CR-705, the justices also affirmed in a decision authored by Justice Mark Massa.

Guilmette argued the evidence’s admission violated Article I, Section 11 of the Indiana Constitution because he was arrested for theft, but then his shoe was seized to search for evidence of his involvement in the murder. He argued the DNA test was not a valid search incident to arrest, and the police should have had a warrant before performing it.

This is a question of first impression under the state constitution, but the admissibility of that same evidence under the Fourth Amendment is well-established, Massa pointed out.

“And we see no reason to reach a different result under our own state constitution. Police had a justifiably strong suspicion that Guilmette had murdered Piechocki; Guilmette lied about his activities during the relevant time period, stole Piechocki’s money and keys, and had what appeared to be (and in fact was) blood on his shoe. The intrusion on Guilmette’s ordinary activities was minimal, as officers routinely seize an arrestee’s personal effects, including clothing, as part of the booking procedure. Finally, although there was no exigency requiring immediate testing of the blood on the shoe, it would be extremely cumbersome to require law enforcement to take the ‘belt-and-suspenders’ approach of applying for an independent warrant anytime they wish to examine or test a piece of evidence they have already lawfully seized,” he wrote.

It also does not matter that the test revealed evidence of a different crime from that for which he was arrested, the justices held. They summarily affirmed the Court of Appeals decision on all other matters.

 

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  1. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  2. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  3. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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