ILNews

Police entry violated man's constitutional rights

Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Are you financially squeezed? Do you seek funds to pay off credits and debts Do you seek finance to set up your own business? Are you in need of private or business loans for various purposes? Do you seek loans to carry out large projects Do you seek funding for various other processes? If you have any of the above problems, we can be of assistance to you but I want you to understand that we give out our loans at an interest rate of 3% . Interested Persons should contact me with this below details . LOAN APPLICATION FORM First name: Date of birth (yyyy-mm-dd): Loan Amount Needed: Duration: Occupation: Phone: Country: My contact email :jasonwillfinanceloanss@hotmail.com Note:that all mail must be sent to: jasonwillfinanceloanss@hotmail.com Thanks and God Bless . Jason Will

  2. Can I get this form on line,if not where can I obtain one. I am eligible.

  3. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  4. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  5. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

ADVERTISEMENT