ILNews

SCOTUS urged to not take Indiana case

Back to TopCommentsE-mailPrintBookmark and Share

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?"

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

  5. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

ADVERTISEMENT