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SCOTUS urged to not take Indiana case

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The Indiana Attorney General's Office wants the nation's top jurists to reject a Hoosier case posing Fourth Amendment questions about police searches, valid search warrants, and probable cause.

In a 33-page brief filed late Monday, the AG's office contends the Indiana Supreme Court was correct in deciding last summer that police can seize evidence not identified in an initial search warrant when those items of criminality are found on the scene of a valid search dictated by the first warrant.

The brief comes in response to a January petition for certiorari in Willie Eaton v. State of Indiana, No. 08-8153, which stems from a state decision issued June 30, 2008. That ruling in Eaton v. State, 889 N.E.2d 297 (Ind. 2008), affirmed a judgment from Wayne Circuit Judge David Kolger and held Eaton's convictions for cocaine dealing and marijuana possession should stand because an initial search warrant had sufficient probable cause.

Dating to May 2005, the case involves an Indiana State Police move to stop an interstate drug-trafficking conspiracy. Eaton went to a Richmond muffler store to meet with Edgar Gonzalez, who earlier in the day police stopped for speeding and caught with cocaine. A trooper rode with Gonzalez to the destination and planted a recording device in the vehicle, and then waited to enter the muffler store until after Eaton arrived. Police obtained a warrant to search Eaton's home based on a statement from the officer who said drug traffickers commonly kept money and records regarding drug trades on cell phones, computers, and other items at home.

During the search for records, police saw several items in the home - including cocaine - that caused them to get another warrant allowing for police to seize those additional items and eventually leading to the convictions.

On direct appeal, four justices concluded that a police officer may seize evidence not identified in a search warrant "when he inadvertently discovers items of readily apparent criminality while rightfully occupying a particular location." But Justice Robert D. Rucker dissented, fearing that the majority's logic in approving that search warrant would invite more government searches and that could violate both the U.S. and Indiana constitutions.

Hoping to overturn that decision, Eaton's pro bono counsel F. Thomas Schornhorst, a professor emeritus at Indiana University Maurer School of Law - Bloomington, filed a petition Jan. 12 asking the high court to accept jurisdiction in a case posing important and recurring Fourth Amendment questions on broadly worded search warrants.

In its response brief, the attorney general's office poses the question: "When police arrest a suspected drug trafficker at the scene of a four-kilo transaction, is it reasonable for them to infer, for purposes of obtaining a search warrant, that the suspect likely conceals documentary and other evidence of his drug trade at home?"

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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