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.”
Local News
Court rules Goshen police violated man's Miranda right
- Local News
-
-
Man pleads guilty to robbery
GOSHEN — A Nappanee man pleaded guilty in Elkhart County Circuit Court to his involvement in a March robbery in Nappanee.
-
A very sweet war: Searching for the ultimate cupcake
A fig, goat cheese and onion cake pop dipped in chocolate? No wrinkling of noses! It was the winning entry in a fierce competition between a local baker, a sixth-grader and recent participants in the Food Network’s popular Cupcake Wars.
-
The Salvation Army celebrates dedication
The Salvation Army in Goshen celebrated service by and to the community. The opportunity came when The Salvation Army in Goshen and southern Elkhart County held its first Celebration Dinner May 17.
-
Memorial Day events planned
Veterans who died in service to their country will be remembered during Memorial Day services this holiday weekend.
-
Police: 32 pounds of pot found in LaGrange
A traffic stop in LaGrange County, with help from a drug-sniffing canine, led police to the discovery of a reported 32-pounds of marijuana Wednesday.
-
Board reviews cleanup status
LAGRANGE — Monday morning all eyes in the LaGrange County Board of Commissioners meeting room were glued to the slide show presented by County Code Enforcement Officer Johnny Boggs.
-
Reception to honor donors set for Thursday
A reception is set for Thursday evening to recognize donors and kick off the fundraising for this year’s Celebrate America fireworks program planned at Black Squirrel Golf Course on July 1.
-
Permits for golf carts passes
NAPPANEE — Those wishing to travel the city streets of Nappanee on golf carts will need to acquire a permit after City Council members approved an amendment to the golf cart ordinance Monday night. The amended ordinance was passed unanimously on third and final reading.
-
Rain barrel auction at First Fridays to benefit Elkhart River
GOSHEN — Colorful, decorated rain barrels will be sold in Goshen late next week in hopes of helping raise funds to improve the Elkhart River.
-
Police: Teen accidentally shot himself
GOSHEN — A 17-year-old boy was shot outside his home at 1824 College Manor Drive, just south of College Avenue, at 3:43 p.m. Tuesday.
- More Local News Headlines
-



