Ward v. State, No. 3-1179A312
| Docket Nº | No. 3-1179A312 |
| Citation | 408 N.E.2d 140 |
| Case Date | July 24, 1980 |
| Court | Court of Appeals of Indiana |
Page 140
v.
STATE of Indiana, Plaintiff-Appellee.
Page 142
Frank J. Galvin, Jr., Hammond, for defendant-appellant.
Theodore L. Sendak, Atty. Gen., Jeff G. Fihn, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.
GARRARD, Presiding Judge.
Appellant William E. Ward appeals from his conviction of burglary.
On March 6, 1978, Ward and Cheryl Scott were arrested for shoplifting in Matteson, Illinois. Ward asked if he could post his own bond and what the bond would be. One of the officers replied that bond would be around $100 and that Ward could post bond at the police department. Ward did not have enough money in his wallet but had money in the car's glove compartment. He asked the officer if they could get in the glove compartment and get the money out. The officers complied with Ward's request. While removing the money the officer observed a loaded ammunition clip in the glove compartment. On the floor, protruding from underneath the passenger seat, the officers observed the butt of a semi-automatic pistol. The clip and the pistol were later identified as items taken in a burglary in Griffith, Indiana. Ward contends that the initial entry into his automobile and glove compartment was an unreasonable search and seizure because the officer failed to advise him of his constitutional rights prior to securing his consent. He argues that a person who is asked to give permission for a search while in police custody is entitled to be informed of his Miranda rights prior to giving consent to the search. See Larkin v. State (1979), Ind., 393 N.E.2d 180; Pirtle v. State (1975), 263 Ind. 16, 323 N.E.2d 634. Ward's argument ignores the factual situation in which his consent was given.
Ward asked the officers to enter the glove compartment. This request was not prompted by any police questioning nor did the officers ask for permission to search the glove compartment. Under these circumstances, the officers were not required to advise Ward of his constitutional rights. Nor is there any doubt that Ward's permission to enter the glove compartment was freely and voluntarily given. The trial court did not err in denying Ward's motion to suppress the items seized.
Secondly, Ward alleges that his confession was erroneously admitted into evidence because it was not voluntarily given. In reviewing a trial court's determination of the voluntariness of a confession, this court looks to the totality of the circumstances. In doing so, we do not weigh the evidence or rejudge the credibility of the witnesses. We consider the evidence which supports the trier of fact where the evidence is in conflict, along with any uncontested evidence. Ortiz v. State (1976), 265 Ind. 549, 356 N.E.2d 1188; Magley v. State (1975), 263 Ind. 618, 335 N.E.2d 811; Villanueva v. State (1978), Ind.App., 383 N.E.2d 437.
Although the state is required to prove voluntariness beyond a reasonable doubt, we review the question on appeal as we do other sufficiency matters: to determine whether there was substantial probative evidence to support the trial court's finding. Murphy v. State (1977), 267 Ind. 184, 369 N.E.2d 411; Works v. State (1977), 266 Ind. 250, 362 N.E.2d 144.
After the discovery of the ammunition clip and the pistol, the Miranda rights were read to Ward. At the police station the Matteson police officer again advised Ward of his rights. Later that same day, Ronald Creviston, an officer of the Griffith, Indiana police department and an officer of the Drug Enforcement Administration (DEA) met...
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Pamer v. State, No. 3-281A45
...U.S. 912, 99 S.Ct. 2010, 60 L.Ed.2d 384; Ortiz v. State (1976), 265 Ind. 549, 555, 356 N.E.2d 1188, 1192; Ward v. State (1980), Ind.App., 408 N.E.2d 140, 143; White v. State (1980), Ind.App., 404 N.E.2d 1144, 1146; Perry v. State (1978), Ind.App., 374 N.E.2d 558. A "mild promise of leniency......
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Willey v. State, No. 06S00-9712-CR-654.
...the "totality of the circumstances." See, e.g., Frazier v. Cupp, 394 U.S. 731, 739, 89 S.Ct. 1420, 22 L.Ed.2d 684 (1969); Ward v. State, 408 N.E.2d 140, 143 (Ind.Ct.App. 1980). This is based in significant part on the view that the confession is easily understood by even the most limited su......
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State v. Farber, No. 82A05-9509-CR-372
...(confrontation with incriminating evidence does not amount to coercion or render a confession thereby inadmissible); Ward v. State, 408 N.E.2d 140, 143 (Ind.Ct.App.1980) (even where police falsely tell the defendant that his accomplice has incriminated him, the deceptive statement is insuff......
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Carter v. State, No. 48S00-9603-CR-240
...evidence to support the trial court's conclusion that the defendant's confession was voluntary. Id. Similarly, in Ward v. State, 408 N.E.2d 140, 143 (Ind.Ct.App.1980), an officer's promise to "help ... in every way he could" was held to be too vague and indefinite to undermine the voluntari......
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Pamer v. State, No. 3-281A45
...U.S. 912, 99 S.Ct. 2010, 60 L.Ed.2d 384; Ortiz v. State (1976), 265 Ind. 549, 555, 356 N.E.2d 1188, 1192; Ward v. State (1980), Ind.App., 408 N.E.2d 140, 143; White v. State (1980), Ind.App., 404 N.E.2d 1144, 1146; Perry v. State (1978), Ind.App., 374 N.E.2d 558. A "mild promise of leniency......
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Willey v. State, No. 06S00-9712-CR-654.
...the "totality of the circumstances." See, e.g., Frazier v. Cupp, 394 U.S. 731, 739, 89 S.Ct. 1420, 22 L.Ed.2d 684 (1969); Ward v. State, 408 N.E.2d 140, 143 (Ind.Ct.App. 1980). This is based in significant part on the view that the confession is easily understood by even the most limited su......
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State v. Farber, No. 82A05-9509-CR-372
...(confrontation with incriminating evidence does not amount to coercion or render a confession thereby inadmissible); Ward v. State, 408 N.E.2d 140, 143 (Ind.Ct.App.1980) (even where police falsely tell the defendant that his accomplice has incriminated him, the deceptive statement is insuff......
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Carter v. State, No. 48S00-9603-CR-240
...evidence to support the trial court's conclusion that the defendant's confession was voluntary. Id. Similarly, in Ward v. State, 408 N.E.2d 140, 143 (Ind.Ct.App.1980), an officer's promise to "help ... in every way he could" was held to be too vague and indefinite to undermine the voluntari......