Holland v. Hargar

• Citation: 409 N.E.2d 604,274 Ind. 156
• Decision Date: 17 September 1980
• Docket Number: No. 1079S280,1079S280
• Parties: Thurman HOLLAND, Appellant, v. Edgar B. HARGAR, as Sheriff of Tippecanoe County and the State of Indiana, Appellees.
• Court: Supreme Court of Indiana

Page 604

409 N.E.2d 604

274 Ind. 156

Thurman HOLLAND, Appellant, v. Edgar B. HARGAR, as Sheriff of Tippecanoe County and the State of Indiana, Appellees.

No. 1079S280.

Supreme Court of Indiana.

Sept. 17, 1980.

Ralph E. Randall, Hays & Randall, Scottsburg, for appellant.

Theo. L. Sendak, Atty. Gen., David A. Arthur, Deputy Atty. Gen., Indianapolis, for appellees.

GIVAN, Chief Justice.

This is an appeal from the denial of release in a habeas corpus proceeding, pursuant to AP 4(A)(9). We affirm.

On August 25, 1978, a kidnapping allegedly occurred in Pascagoula, Mississippi. A warrant for the arrest of Thurman Holland on the charge of kidnapping was issued the same day. Fingerprints later identified by the FBI as petitioner's were obtained from a motel room in Pascugoula, Mississippi, registered to Thurman Holland.

On February 20, 1979, petitioner was arrested by a West Lafayette police officer, who had received information through official channels that Holland was wanted on a warrant in Mississippi. Holland was held by the West Lafayette Police Department, where he was photographed and fingerprinted. An affidavit alleging that Holland was a fugitive from Mississippi was filed the following day. Petitioner was taken to the Tippecanoe County court on February 21, 1979, where he was advised of his rights, informed of allegations against him and appointed counsel.

While still detained, Holland was served with a warrant upon requisition issued by the Governor of Indiana, dated May 21, 1979. On May 31, 1979, appellant was fingerprinted and the prints sent to the FBI, where they were identified as Holland's prints.

Appellant claims the trial court erred in admitting into evidence his photograph obtained by the police on February 20, 1979, his fingerprints taken on the same date and testimony concerning both exhibits. Petitioner argues that because his warrantless arrest was illegal, the evidence incident to the arrest should have been suppressed as a curative measure for the Fourth Amendment violation, citing Dowlut v. State (1968) 250 Ind. 86, 235 N.E.2d 173. It is true the Fourth Amendment protections are applicable to investigatory stages of criminal prosecutions. We decline however to extend the shield of the exclusionary rule to extradition proceedings.

In Cobb v. Gilman (1979) Ind., 391 N.E.2d 618, this Court held that in an extradition proceeding the exclusionary rule did not operate to suppress a statement made by a petitioner before he was advised of his Miranda rights. In that case we stated: "Interstate rendition proceedings are summary in nature and the accused is not entitled to all of the procedural protections of a criminal trial." Similar rulings have been made in other jurisdictions. See Reeves v. Cox (1978) 118 N.H. 271, 385 A.2d 847; Commonwealth v. Kulp (1973) 225 Pa.Super. 345, 310 A.2d 399. Guilt or innocence is not an issue in the asylum state. Reeves, supra. Consequently, the admissibility of the evidence due to an alleged Fifth Amendment violation is a determination for the trial court in the demanding state. Cobb, supra.

We therefore hold the trial court did not err in admitting into evidence photographs of appellant obtained by the police on February 20, 1979, or his fingerprints taken on the same date.

Petitioner alleges the trial court erred in failing to require the State to produce certain items pursuant to a discovery order, or in the alternative to grant a continuance. To support this position, appellant cites State ex rel. Keller v. Cr. Ct. of Marion Cty. (1974) 262 Ind. 420, 317 N.E.2d 433. However Keller involved discovery in a criminal proceeding. The issues in an extradition proceeding are limited to fugitivity, identity and the authenticity of the papers. Cobb, supra. The burden of proof is carried by the petitioner once a prima facie case of identity is established. We hold the trial court did not err by refusing to require full discovery or a continuance that might have been necessary in a criminal prosecution.

Petitioner alleges the trial court erred in holding that the issue of an unlawful arrest was moot. He argues that such a ruling permitting the petitioner's continued incarceration and police investigation is contrary to law. In Commonwealth ex rel. Berry v. Aytch (1978) 253 Pa.Super. 312, 385 A.2d 354, the petitioner was arrested and charged with being a fugitive from justice. After several arrests and rearrests, during a period of incarceration appellant filed successive petitions for writ of habeas corpus. The trial court ordered his extradition. In upholding the denial of the petition for writ of habeas corpus the Pennsylvania courts held that the only issue before the court in an extradition proceeding is whether the demanding state has complied with the criteria of the extradition act. See Commonwealth ex rel. Colbert v. Aytch (1976) 246 Pa.Super. 278, 369 A.2d 1321. The court went on to state that Article IV of the United States Constitution provides that extradition is summary in nature and that the procedural safeguards required in most criminal proceedings do not apply in extradition proceedings. They further hold that even though the original arrest and detention may have been illegal, a prisoner will not be discharged for defects in the original arrest or commitment in a habeas corpus proceeding questioning extradition. In Bailey v. Cox (1973) 260 Ind. 448, 449-50, 296 N.E.2d 422 at 424, this Court stated:

"The Appellant contends that his original arrest and detention was illegal and invalidates the present right of the sheriff to detain him. However, in our opinion what took place with reference to the original arrest had no significance or relevancy for the reason that thereafter the Governor of the State of Indiana issued a warrant for the arrest of the Appellant pursuant to a valid request for extradition by the Governor of Ohio. The validity of the arrest made under that warrant cannot be impeached by any actions of the sheriff prior thereto. We need not, therefore, determine the legality or illegality of the act of the sheriff prior to the time the warrant was issued by the Governor to extradite the appellant. An illegal arrest does not vitiate the jurisdiction of a criminal court. Bryant v. State (1972), 257 Ind. 679, 278 N.E.2d 576; Holguin v. State (1971), 256 Ind. 371, 269 N.E.2d 159; Smith v. State (1957), 237 Ind. 244, 143 N.E.2d 408; 22 C.J.S. Criminal Law Sec. 144 at 382-384 (1961)."

We hold the trial court did not err in ruling that the issue of...