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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. 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

  2. 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.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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