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Police entry violated man's constitutional rights

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The entry by police into a man’s apartment based on uncorroborated information from an anonymous source violated the man’s federal and state constitutional rights, the Indiana Supreme Court ruled Wednesday. Because of this, the drugs found in the man’s apartment must be suppressed.

East Chicago Police Department officers were trying to execute an arrest warrant for Nelson Hernandez, an auto theft suspect. They went to the address on the warrant, but his mother said he was staying with her sister and gave just a general address.

The officers went to a building where they thought Hernandez was staying based on information from another officer who dropped the injured Hernandez off at that building following an accident. But that officer didn’t have a specific address and the building contained several units above a tavern.

The officers showed a random man outside the building a picture of Hernandez, who the man said was staying at an apartment with a green door. There was only one green door in the building. Officers knocked on the apartment door, which was Luis Duran’s. When he didn’t open the door after several minutes, they kicked the door down, found drugs, and arrested him. The officers later found Hernandez in a different apartment in the building.

The trial court denied Duran’s motion to suppress evidence but certified its order for interlocutory appeal. The Court of Appeals affirmed the denial.

In Luis E. Duran v. State of Indiana, No. 45S03-0910-CR-430, the justices ruled the officer’s actions violated Duran’s Fourth Amendment and Article I, Section 11 rights. The information available to the officers didn’t satisfy even the least-restrictive reasonable suspicion standard, wrote Justice Theodore Boehm. The officers needed reasonable belief that Hernandez was behind the green door, not just a reasonable belief that he lived somewhere in that building.

“In view of the hour and Hernandez’s immobilized condition, if the officers’ belief as to Hernandez’s place of residence was reasonable, it was reasonable to believe he was inside. The issue therefore boils down to whether the police reasonably believed that the apartment with the green door was Hernandez’s residence,” the justice wrote.

The police lacked even reasonable suspicion because they only had statements from the unidentified man who may or may not have had any connection to the apartment building. The information the man provided wasn’t corroborated, so entry violated Duran’s Fourth Amendment rights.

The officers’ actions weren’t reasonable under the state constitution, either, the justices ruled. They rejected the state’s argument that “degree of suspicion” relates to the degree of the officers’ suspicion that Hernandez committed auto theft. If the police had verified Hernandez’s aunt’s residence, they wouldn’t have had to knock on Duran’s door, wrote Justice Boehm. There were also no exigent circumstances in this case.

“The law enforcement needs were not pressing. Hernandez was not a flight risk and nothing prevented the officers from verifying Hernandez’s aunt’s address or embargoing the apartment until either someone emerged or a search warrant could be obtained,” he wrote.

Chief Justice Randall T. Shepard concurred in result in a separate opinion, finding the anonymous man’s information that Hernandez lived in the apartment with the green door was a sufficient basis for belief that Hernandez was in the apartment when they attempted to arrest him. But the chief  justice joined in reversing because it was not a reasonable basis for doing so in the middle of the night to arrest a relatively immobile suspect.
 

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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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