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Olivia Covington and Katie Stancombe for www.theindianalwyer.com
The Indiana Supreme Court has upheld the admission of incriminating statements made in a motel room during an undercover drug investigation after finding the motel room was not a “place of detention†requiring an electronic record of the statements. The court also created a test for analyzing whether a location can be considered a “place of detention†under Indiana Evidence Rule 617.
On June 18, 2015, Aaron Fansler accepted a Facebook friend request to connect with a user named “Kenzie Allen,†a fake name used by a Grant County drug task force team to facilitate a controlled drug buy. Communicating first through social media and then through private text messages, Fansler agreed to sell two-tenths of a gram of heroin to Kenzie at the Hart Motel in Marion.
The next day, Fansler visited Kenzie’s motel room, where he was greeted by Detective Wesley McCorkle, a member of the Joint Effort Against Narcotics (JEAN) team who posed as Kenzie’s brother.  The detective told Fansler Kenzie would return to the room shortly, so Fansler, who was acting visibly nervous, chose to wait outside. While outside, a second officer approached and arrested him.
After reading Fansler his Miranda rights in the motel room and searching his person, police found over a dozen pills, drug paraphernalia, cigarette packs and more than $250 in cash. Fansler then made two incriminating statements to the officers that became relevant at his trial and on appeal.
First, when asked “where the two points of heroin were,†Fansler told officers the drugs should have been located in the baggies. Officers then found another bag containing a substance that tested positive for heroin, and Fansler told them he had not informed them of that bag because he did not want to “get caught with it.â€
After he was charged with numerous drug offenses, Fansler filed a motion to suppress his incriminating statements, which the Grant Circuit Court died. Then, during his jury trial, Fansler admitted possession but denied intent to deliver and raised an affirmative entrapment defense.
The jury found Fansler guilty on all four counts after officers testified to his two self-incriminating statements. He was sentenced to 13-years for dealing, with ten years executed the Department of Correction and three years suspended and also received concurrent sentences of two years executed for possession of heroin, one year executed for possession of a controlled substance and one year executed for possession of paraphernalia.
In a unanimous August 2017 opinion, the  Indiana Court of Appeals upheld Fansler’s conviction, finding that while the trial court erred in admitting Fansler’s statements without an electronic recording, any error was harmless because of Fansler’s own admissions at trial and the generally uncontested nature of his possession of heroin. The Court of Appeals also found the trial court did not abuse its discretion in not considering his proposed mitigating factor – that “Kenzie†had induced or facilitated the offense.
The Indiana Supreme Court heard argument in Fansler’s case in November, then ruled on Thursday the trial court did not err in admitting the incriminating statements made after Fansler was of his Miranda rights.
“Under Rule 617, officers must equip facilities serving the functional equivalent of a station house with recording devices, but a motel room used sporadically to carry out a sting operation is simply not the type place the rule was meant to reach,†Justice Steven David wrote Thursday.
In reaching that decision, the unanimous justices developed a three-part test for determining when a location meets Rule 617’s definition of a “place of detention†requiring an electronic record: analyzing the control law enforcement has over the premises, the frequency of use to conduct custodial interrogations and the purpose for which law enforcement uses the space.
Here, David said law enforcement did not have “control†over the motel room because the room was used for its intended purpose when law enforcement was not there. Further, David said police used the room only sporadically to perform sting operations, and the primary use of the motel room was surveillance.
“A motel room, as used by law enforcement in this case—to carry out an undercover investigation and to search a suspect incident to his arrest—is not a place of detention as defined by Indiana Evidence Rule 617,†he said.
The justices also summarily affirmed the Court of Appeals’ ruling regarding Fansler’s proffered mitigator.
The case is Aaron L. Fansler v. the State of Indiana, 27S02-1710-CR-672.
Wesselman Woods teamed up with the Tristate herpetological society to make this happen.
It was also free for members and included admission to the Nature Center.
We hope that today’s “IS IT TRUEâ€Â will provoke honest and open dialogue concerning issues that we, as responsible citizens of this community, need to address in a rational and responsible way?
IS IT TRUE that Ben Shoulders, Mike Goebel, Paul Green, Ryan Hatfield, Steve Lockyear, Chuck Whobrey, Kathryn Martin, Bill Pedtke, Dave Wedding, Eric Williams, Rose Young and Jack McNeely are hosting a massive political fundraising event at KC”c Marina Pointe this coming Wednesday beginning at 5:30 P. M?  …it looks like Vanderburgh County Commission candidate Jeff Hatfield has brought out the “Movers and Shakers” in local politics to support his candidacy?  …we are told that as of last week Mr. Hatfield has raised over $100,000 for his political war chest since he announced?
IS IT TRUEÂ that the Mayor and the First Lady are hosting a political fundraiser for Mike Duckworth this week at the home of John David Engelbrecht? Â …are told that the Mayor and the First Lady have pledged to raise $30,000 towards Mike Duckworth’s County Commissioner campaign? Â …we have no idea what Mr. Duckworth has raised so far in his campaign but we will be glad to post that figure when we receive it?
IS IT TRUE that the Vanderburgh County GOP Caucus that was tentatively scheduled for today has been canceled by Chairmen Wayne Parkes?  …we’re told that Mr. Parke couldn’t find anyone to take on District 77 State Representative Ryan Hatfield and Vanderburgh County Sheriff Dave Wedding?  …that Mr. Parke will personally appoint candidates too vacant positions?…we are also told that Mr. Parke will be focusing on appointing candidates to run for Township Boards and Trustee offices?
IS IT TRUE we been told that the proposed $28 million dollars “Aquatic Center”  will be built at Garvin Park just right across from historic Bosse Field on the current site of Garvin Park swimming pool and tennis courts?  …by building the new “Aquatic Center” at the Garvin Park location the city can use the North Main Street “TIF” money to build it?  …this the same funding source that the Mayor used to re-do the $16 million dollars North Main Street project?
IS IT TRUE that the cost of complacency is about to come crashing down on the customers of the City of Evansville Water and Sewer Utility?…long needed replacements of old cast iron water pipes is finally underway and the cost of the project is staggering?…the latest estimate for replacing just 1.5% of the pipes that need replacing will increase the price of the average water bill in Evansville’s service area by $412 per year per customer?…that works out to just under $40 per month to replace just 1.5% of the pipes?…that if we could just do that 66 more times all the pipes would be replaced and we may be good for another century?
IS IT TRUE if you multiply that $412 per year by 66 the result is $27,720 or an increase in water bill of $2,310 per month?…if we were going to bring our infrastructure up to date in the next three years and if the cost for each foot of pipe replaced is the same then come the summer of 2022 the average water bill in the service area will be about $2,400 per month or $28,800 per year excluding taxes?…this is almost the entire earnings for the average Evansville household?…this doesn’t even include the BILLION DOLLAR SEWER REPAIR that is mandated by the EPA because a half-century of Evansville Mayors was content to spew raw sewage into the streets and the Ohio River?…it is entirely feasible to conclude that with the needed repairs to the water pipes, sewers, roads, sidewalks, plus the highest electricity in the state hat your average household in Evansville will not have a red cent available to live in the future?
IS IT TRUE this situation may well impoverish the region so badly that digital infrastructure like Gbps internet service and 5G communications will never be implemented because the market can’t support the cost?…the responsibility for this lies firmly with the leadership of the City of Evansville during at least the last 60 years if not further? …time and time again, Evansville, has squandered taxpayer dollars on fun and games  and political “pork barrel” projects while neglecting basic infrastructure?….the game that our litany of Mayors has played has Evansville in a position of overextended finances with no high-value workforce to pay for the cost to bring the place into the modern world?
IS IT TRUE that by 2021 when these few miles of water pipes are replaced, the water rates will have increased by 118% in only 5 years?…the new pipes alone are causing a 48% increase in the next 3 years?…if you like that just bend over and prepare for this to happen 66 more times with just the water pipe replacement program?…while the CCO is supportive of and an advocate for these updates, we are very concerned that the people who live in Evansville will be run out of town by the costs associated with doing them?
Todays “Readers Poll†question is: DO YOU FEEL THAT OUR “IS IT TRUE” COLUMNS ADD SUBSTANCE TO THE CITY COUNTY OBSERVER?
Please take time and read our articles entitled “STATEHOUSE Files, CHANNEL 44 NEWS, LAW ENFORCEMENT, READERS POLL, BIRTHDAYS, HOT JOBS†and “LOCAL SPORTSâ€.  You now are able to subscribe to get the CCO daily.
If you would like to advertise on the CCO please contact us CityCountyObserver@live.com.
AGENDA
I. | INTRODUCTION |
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AGENDA Attachment:
II. | APPROVAL OF MEETING MEMORANDA |
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MEMO Attachment:
III. | REPORTS AND COMMUNICATIONS |
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IV. | SPECIAL ORDERS OF THE DAY |
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V. | CONSENT AGENDA:Â FIRST READING OF ORDINANCES AND RESOLUTIONS |
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A. ORDINANCE G-2018-14 An Ordinance Amending Chapter 2.98 (Advisory Board on Disability Services) of the Code of Ordinances Sponsor(s): Robinson Discussion Led By: ASD Chair Adams 7/9/2018 Notify: Diane Clements-Boyd, Human Relations G-2018-14 Attachment:
B. ORDINANCE F-2018-11 An Ordinance of the Common Council of the City of Evansville Authorizing Transfers of Appropriations, Additional Appropriations and Repeal and Re-Appropriation of Funds for Various City Funds Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver 7/9/2018 Notify: Russ Lloyd, Jr., City Controller F-2018-11 Attachment:
C. RESOLUTION C-2018-14 A Resolution of the Common Council of the City of Evansville in Support of Economic Development Incentives Offered to EnCom Polymers, Inc. by the City of Evansville for the Rehabilitation of Real Property and installation of new equipment in the Facility at 4825 North Spring Street, Evansville, IN. 47711 Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver 7/9/2018 Notify: Andrea Lendy, Growth Alliance C-2018-14 Attachment:
D. ORDINANCE R-2018-19 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 5201 Kratzville Road Petitioner: Daniel Buck Owner: Kennel Club of Evansville, Inc. Requested Change: R1 to R3 Ward: 5 Elpers Representative: Daniel Buck R-2018-19 Attachment:
E. ORDINANCE R-2018-20 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 420 N. Second Avenue Petitioner: Zaida Clark Owner: Allen A. Clark, Jr. Requested Change: C1 to R4 Ward: 6 Brinkmeyer Representative: Zaida Clark R-2018-20 Attachment:
VI. | COMMITTEE REPORTS |
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VII. | REGULAR AGENDA:Â SECOND READING OF ORDINANCES AND RESOLUTIONS |
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A. ORDINANCE G-2018-17 An Ordinance to Vacate Certain Public Ways or Public Places within the City of Evansville, Indiana, Commonly Known as a Portion of the Alleyway Lying Between SE Second Street and Parrett Street and Between Madison Avenue and Monroe Avenue Sponsor(s): Robinson Discussion Led By: Public Works Chair Mosby 6/25/2018 Notify: Ashley Hollen, Kahn, Dees, Donovan & Kahn, LLP G-2018-17 Attachment:
B. ORDINANCE F-2018-10 An Ordinance of the Common Council of the City of Evansville Authorizing Transfers of Appropriations, Additional Appropriations and Repeal and Re-Appropriation of Funds for Various City Funds Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver 6/25/2018 Notify: Russ Lloyd, Jr., City Controller F-2018-10 Attachment:
C. RESOLUTION C-2018-12 AMENDED A Resolution of the Common Council of the City of Evansville Ratifying the 2018 Annual Action Plan, and Amending the 2011 Neighborhood Revitalization Strategic Area (NRSA) Plan, Located in the Evansville Arts Redevelopment Area and in Census Tracts: 11, 12, 13, and 17, and the Approval of New NRSA Located in the Jacobsville Neighborhood, and in Census Tracts: 19, 20, 21, and 25 Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver 6/25/2018 Notify: Kelley Coures, Dept. of Metropolitan Development C-2018-12 AMENDED Attachment:2018 Annual Action Plan for HUD (draft) Attachment:Jacobsville NRSA (draft) Attachment:NRSA Project Sample Attachment:NRSA 2011 Amended (draft) Attachment:
D. ORDINANCE R-2018-14 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 1629 S. Grand Avenue Petitioner: Michael W. Sexton Owner: Michael W. Sexton Requested Change: CO1 to R2 Ward: 4 Mosby Representative: Charlene Dame R-2018-14 Attachment:
E. ORDINANCE R-2018-15 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 100 – 108 E. Louisiana Street Petitioner: Betty J. Hammer Owner: Betty J. Hammer Requested Change: R2 to C4 w/ UDC Ward: 3 Hayden Representative: Krista Lockyear, Lockyear Law R-2018-15 Attachment:
F. ORDINANCE R-2018-16 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as Part of 535 Lincoln Avenue Petitioner: Memorial Community Development Corporation Owner: Memorial Community Development Corporation Requested Change: C4 to C2 Ward: 4 Robinson Representative: Bret Sermersheim, Morley Corp. R-2018-16 Attachment:
G. ORDINANCE R-2018-17 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 428 – 514 Jefferson Avenue Petitioner: NPR Holdings LLC Owner: Evansville Land Bank Corporation Requested Change: R2 to R3 Ward: 4 Robinson Representative: Aaron Pechota, NPR Holdings LLC R-2018-17 Attachment:
VIII. | RESOLUTION DOCKET |
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A. RESOLUTION C-2018-13 A Preliminary Resolution of the Common Council of the City of Evansville Declaring an Economic Revitalization Area for Property Tax Phase-In for The Rehabilitation of Real Property and Installation of New Equipment 4825 North Spring Street, Evansville, IN. 47711 – EnCom Polymers, Inc. Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver 6/25/2018 Notify: Andrea Lendy, Growth Alliance C-2018-13 Attachment:
IX. | MISCELLANEOUS BUSINESS |
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A. THE NEXT MEETING of the Common Council will be Monday, July 9, 2018 at 5:30 p.m.
B. ADDITIONAL MISCELLANEOUS BUSINESS
X. | COMMITTEE REPORTS |
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XI. | ADJOURNMENT |
AGENDA For Vanderburgh County Board of Commissioners
June 26, 2018, at 3:00 pm, Room 301