{"id":7800,"date":"2012-10-27T11:24:13","date_gmt":"2012-10-06T11:00:48","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-10-06T11:00:48","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7800","title":{"rendered":"IN: Warrantless entry and arrest violated Fourth Amendment and confession was invalid"},"content":{"rendered":"

The police entry into defendant\u2019s house and his arrest violated the Fourth Amendment, so his statement could not be attenuated from the illegal arrest because it was continuous, even though he was twice Mirandized. Joseph v. State<\/a>, 975 N.E.2d 420 (Ind. App. 2012):<\/p>\n

The record indicates that while Joseph was given his Miranda advisements at least two times and was transported to the police station prior to making his statements to Detective Brown, it also indicates that Joseph was in constant police custody from the time that Officers Winters and Hoehn initiated the illegal search of his apartment and was aware that their search had resulted in the discovery of potentially relevant evidence. Joseph was questioned about this evidence by both the officers at the scene and Detective Brown at the police station. In addition, nothing in the record indicates that Joseph had any way of knowing that the potential evidence found in his apartment and his statements to Officers Winters and Hoehn would later be suppressed from trial when he spoke to Detective Brown. Based on these facts, especially the fact that Joseph was in constant police custody from the time of their illegal entry into and search of his apartment, knew what potential evidence had been discovered in his apartment, and had made prior potentially incriminating statements to Officers Winters and Hoehn, we cannot conclude that Joseph’s comments to Detective Brown were sufficiently attenuated from the illegal search of his apartment to dissipate any taint of the illegal police conduct. As such, we conclude that the trial court abused its discretion in admitting Joseph’s statements to Detective Brown at trial.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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