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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. Hello currently just withdrew from laporte county drug court and now I have lost the woman I love which also was in drugcourt and was put in jail without a,lawyer presentfor her own safety according to the judge and they told her she could have a hearing in two weeks and now going on 30days and still in jail no court date and her public defender talks like he,s bout to just sell her up the river.

  2. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  3. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  4. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  5. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

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