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Trial court should not have admitted statement to detective

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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.

 

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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