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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. 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.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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