ILNews

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. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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