David A. Shotts v. State of Indiana

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armed fugitive remain at large while they attempted to take other steps to review the Alabama proceedings is objectively unreasonable. There are also practical difficulties in Shotts‘s claim that officers enforcing a warrant from another state should be required to do more than the Indiana officers did in this case. Even if they had obtained a physical copy of the warrant, as Shotts argues they should have done, these officers were in no position to determine the constitutionality of the Alabama warrant without knowledge of Alabama warrant procedures. Specifically, some jurisdictions allow both oral and written evidence to provide the basis for a warrant, and impose different degrees of formality of communication. E.g., Ala. Code §§ 15-5-3, -4 (2008) (allowing oral testimony but requiring that the witness be deposed); I.C. § 35-33-5-8 (allowing oral testimony by telephone or radio or written testimony by FAX). See generally, 2 Wayne R. LaFave, Search and Seizure: A Treatise on the Fourth Amendment §4.3 (4th ed. 2004) (describing the different procedures in various jurisdictions). Whether the Alabama officer knew or should have known that his testimony was insufficient to support a probable cause determination is for the Alabama courts to resolve. Exclusion by an Indiana court in a proceeding under Indiana law would not deter the Alabama officer who applied for the Alabama warrant. Moreover, the Alabama officer cannot be expected to know of and comply with Indiana case law, any more than the Indiana officers should be required to be conversant with procedures in other states. Herring reaffirmed that an officer cannot ―obtain a warrant on the basis of a ‗bare bones‘ affidavit and then rely on colleagues who are ignorant of the circumstances under which the warrant was obtained to conduct the search.‖ Herring, 129 S. Ct. at 703–04 (quoting Leon, 468 U.S. at 923 n.24). But Shotts has not demonstrated that the Alabama officer engaged in this sort of culpable behavior, and if he did the consequence should be exclusion in the Alabama proceeding, not exclusion in an Indiana prosecution where the Indiana authorities behaved reasonably and responsibly. Accordingly, the good-faith exception applies and Shotts fails in his Federal Fourth Amendment claim. III. The Indiana Constitution Claim Although the search and seizure provision found in Article I, § 11 of the Indiana Constitution tracks the Fourth Amendment verbatim, our jurisprudence has focused on whether 8
the actions of the government were ―reasonable‖ under the ―totality of the circumstances.‖ Litchfield v. State, 824 N.E.2d 356, 359 (Ind. 2005). The Indiana provision in some cases confers greater protections to individual rights than the Fourth Amendment affords. Holder v. State, 847 N.E.2d 930, 940 (Ind. 2006); Litchfield, 824 N.E.2d at 358–59; Mitchell v. State, 745 N.E.2d 775, 786 (Ind. 2001); Randall T. Shepard, Second Wind for the Indiana Bill of Rights, 22 Ind. L. Rev. 575, 577 (1989). But Article 1, § 11 of the Indiana Constitution does not demand a different result here. In Litchfield we summarized the relevant factors in assessing reasonableness of a seizure as turning on a balance of: ―1) the degree of concern, suspicion, or knowledge that a violation had occurred, 2) the degree of intrusion the method of the search or seizure imposes on the citizen‘s ordinary activities, and 3) the extent of law enforcement needs.‖ Litchfield, 824 N.E.2d at 361. Here, based on the information from the Alabama officer and the NCIC entry, the Indiana officers reasonably believed that there was probable cause that Shotts committed a crime and that he was armed and at large in Indiana. The degree of intrusion—an arrest and incarceration—was equally strong. But the arrest was a necessary and reasonable intrusion considering the needs of law enforcement and governmental interests at stake. The Indiana officers had every reason to believe there was probable cause that Shotts had broken Alabama law. We have already noted the problem for law enforcement that any further requirements would impose on officers asked to enforce a warrant from another state. Under the totality of the circumstances, the Indiana officers‘ actions were reasonable considering the governmental interests and the steps they took in investigating and arresting Shotts. Accordingly, the Indiana officers acted reasonably and Shotts cannot prevail under the Indiana Constitution. Much of the debate in Herring between the five Justices in the majority and the four dissenters focused on the extent to which the exclusionary rule was grounded in ―a more majestic conception‖ than simple deterrence of improper law enforcement. Herring, 129 S. Ct. at 707 (Ginsburg, J., dissenting) (quoting Arizona v. Evans, 514 U.S. 1, 18 (1995) (Stevens, J., dissenting)). But we think the Herring dissenters would not find cause for concern here. As Justice Ginsburg, joined by Justices Stevens, Souter, and Breyer, noted in dissent in Herring, 9
Page 1 and 2: ATTORNEY FOR APPELLANT Anthony V. L
Page 3 and 4: deficient under Kinnaird v. State,
Page 5 and 6: neutral and detached magistrate mus
Page 7: violation did not merit exclusion o
Page 11: Sullivan, Justice, concurring in re

David A. Shotts v. State of Indiana

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