ILNews

Trial court should not have admitted statement to detective

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals found the Vanderburgh Circuit Court abused its discretion in admitting at trial statements a defendant made to a police detective.

Moise Joseph was convicted of Class A felony burglary resulting in serious bodily injury, Class B felony attempted armed robbery, and Class B felony criminal confinement for his role in a home invasion. Police came to his apartment to investigate the robbery after discovering his car was parked in a Sonic Drive-In lot near the home that was robbed.

An apartment complex manager let officers into Joseph’s home, where they handcuffed him, read him his Miranda rights, and asked him where he was earlier in the morning, when the home invasion occurred. Joseph said he was approached by two men about buying an Xbox gaming system for $5. After going to the police station, Joseph was again read his Miranda rights and again repeated his statement about the Xbox, but denied being involved in the robbery.

At trial, Joseph moved to suppress all evidence recovered in his apartment as well as his statements to police. The Circuit Court suppressed all evidence recovered from the apartment as well as his statements made to police at his apartment, but denied the motion with respect to the statement made to detective Ron Brown at the station.  

The state conceded that the warrantless entry into Joseph’s home “may have well been without” probable cause and there weren’t any exigent circumstances to overcome the presumption of unreasonableness.

In Moise Joseph v. State of Indiana, 82A05-1108-CR-387, the appellate judges determined that Joseph’s statements to Brown were not sufficiently attenuated to dissipate any taint of the illegal search. While he was read his Miranda rights, Joseph was in constant police custody from the time to police officers initiated the illegal search of his apartment and he was aware their search resulted in the discovery of potentially relevant evidence, Judge Cale Bradford wrote.

He also made prior potentially incriminating statements to the police officers at his apartment, so the COA concluded that Joseph’s comments to the detective weren’t sufficiently attenuated from the apartment search to dissipate any taint of illegal police conduct.

 

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
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

ADVERTISEMENT