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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. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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