Goshen News, Goshen, IN

Breaking News

Police News

January 21, 2012

Court rules Goshen police violated man's Miranda right

GOSHEN — The Indiana Court of Appeals has ruled in favor of a Goshen man who claims his rights were violated by Goshen police.

The decision in favor of Jose Castillo-Aguilar was handed down Friday. It reverses a ruling issued in Elkhart Superior Court II, where the Castillo-Aguilar case is set for a status conference Jan. 30.

Castillo-Aguilar is represented by Elkhart attorney Bridgette Greene.

Castillo-Aguilar was charged with Class C felony forgery for allegedly providing a false name to gain employment. Police obtained the name of Castillo-Aguilar’s employer from an “information sheet” he was given at the Goshen Police Department after he was arrested on a charge of driving without a license.

“Castillo-Aguilar alleges he should have received a Miranda warning prior to filling out that information sheet and, therefore, all evidence collected based on his answers should be suppressed,” according to appellate court documents.

The trial court denied that motion, and the Court of Appeals reversed that decision.

Put simply, Miranda warnings are issued by law enforcement officials to inform criminal suspects of their constitutional rights.

During a traffic stop, Castillo-Aguilar told police he had neither driver’s license nor insurance. When asked for identification cards, Castillo-Aguilar reportedly provided cards that contained two different names. Police arrested Castillo-Aguilar on a charge of driving without ever receiving a license and transported him to the police station to determine his identity.

“At the station, the officer gave Castillo-Aguilar an ‘information sheet’ to fill out,” appellate court documents read. “The sheet requested, in Spanish with English translation, the following information: full name, nicknames, complete address, telephone number, Social Security number, age, birthday, birth location, nationality, time living in Goshen, the name of his car insurance company, and the name and location of his employer. ... No one gave Castillo-Aguilar a Miranda warning before he filled out this form.”

The arresting officer gave the information sheet to a detective for investigation into whether Castillo-Aguilar was using a false name for employment purposes.

“The detective contacted the employer Castillo-Aguilar listed, and the employer identified Castillo-Aguilar as an employee named Gilberto Beltran,” according to court documents.

Castillo-Aguilar was subsequently charged with forgery.

“Castillo-Aguilar argues he should have been given Miranda warnings prior to filling out the information sheet, because the questions thereon, specifically where he worked, were used to elicit an incriminating response that was later the basis for the charges against him,” appellate court documents read.

“As Castillo-Aguilar was subjected to interrogation by the questions on the information sheet, he should have been given Miranda warnings,” the Court of Appeals ruled. “As he was not, the answers he provided on the information sheet, and evidence collected as a result of those answers, should be suppressed.”

Text Only
Police News
  • Two injured in related accidents

    Two people were injured when a three-vehicle, rear-end crash occurred at 2:36 p.m. Friday at C.R.s 9 and 20 and another accident followed.

    May 20, 2012

  • One man stabbed, two beaten during fight on North Fifth Street

    Three people were taken to IU Health Goshen Hospital early Friday with various injuries, including one man with a stab wound, following a fight.

    May 19, 2012

  • 0519 Middlebury fire_7376.jpg Another suspicious fire near Middlebury investigated

    YORK TOWNSHIP — Kia Marino didn’t feel well last night and it likely saved her life, and the lives of her mother and two small children.

    May 18, 2012 1 Photo

  • One man stabbed, two others injured in fight this morning

    Three people were taken to IU Health Goshen Hospital early today with various injuries, including one man with a stab wound, following a fight.

    May 18, 2012

  • Two-year prison term for coin dealer

    An Elkhart businessman was sentenced to 24 months in prison and fined $30,000 after he entered guilty pleas in U.S. District Court to charges of tax evasion, Social Security fraud and bankruptcy fraud.

    May 17, 2012

  • Battery of teen reported

    The Elkhart County Sheriff’s department received a report from an employee of Bashor Children’s Home, 62226 C.R. 15, Goshen, at 2 p.m. that a 14-year-old boy battered a 13-year-old boy at the school about 1:30 p.m.

    May 17, 2012

  • Police news for May 16, 2012

    A motorcyclist was injured on the U.S. 20 bypass when he reportedly took his hands off the handlebar to make obscene gestures to a passing motorist before losing control of the machine.

    May 16, 2012

  • 120515 police memorial 04.jpg Community members take time to honor fallen officers

    More than 100 people attended an annual Law Enforcement Memorial service Tuesday evening at the Goshen Police and Courts building. The event is held each year to remember officers who have been lost in the line of service and to honor those who currently serve.

    May 16, 2012 1 Photo

  • Police news for May 14, 2012

    A juvenile female was arrested by Goshen police Saturday afternoon after she informed police that she was being battered.

    May 14, 2012

  • 120406 1st Friday 07.jpg Goshen police see an overtime bump with concerns at First Fridays

    The increased police presence at recent First Fridays appears to be making a difference, but also comes with a cost. The amount of total manpower used by Goshen Police Department for First Fridays over the past four months has more than tripled from 32 hours to 104 hours compared to 2011.

    May 14, 2012 2 Photos

Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.
Community Calendar
Loading…
Events by eviesays.com
AP Video
Astrodome Fades As Houston Decides Fate Egyptians Vote in Historic Presidential Election Franciscan Files Tell Stories of Priest Abuse Wildfire Destroys 2 Homes Flight Diverted After Suspicious Note Joplin Remembers Deadly Tornado, 1 Year Later Panel Recommends Against Routine Prostate Test Fired Lingerie Employee Claims Discrimination Joplin Marches to 'Remember' Tornado Victims Facebook Shares Continue Negative Slide Cuba Waiting for Cyber Age to Come 8 Hurt in Oklahoma Shooting After NBA Playoff Sheriff: DNA Links Suspect to Missing CA Teen US Airways: Diverted Flight Has 'Landed Safely' Revived Focus on Regulation After JPMorgan Loss
Poll

What are your big plans for Memorial Day Weekend?

Visit the cemetery or attend a ceremony to honor fallen military veterans
Attend or watch on TV the Indianapolis 500
Travel to visit, or host, family or friends
To do as little as possible
     View Results