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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. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  2. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  3. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  4. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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