Adams v. State


Attorneys for Appellant

Robert W. Hammerle
Joseph M. Cleary
Hammerle Foster Allen & Long-Sharp
Indianapolis, IN



Attorneys for Appellee

Karen M. Freeman-Wilson
Attorney General of Indiana

Thomas D. Perkins
Deputy Attorney General
Indianapolis, IN



      IN THE
      INDIANA SUPREME COURT


DANTE ADAMS,
      Appellant (Defendant below),

      v.

STATE OF INDIANA,
      Appellee (Plaintiff below).



)
)     Supreme Court No.
)     49S04-0011-CR-627
)
)     Court of Appeals No.
)     49A04-9903-CR-130
)
)
)



      APPEAL FROM THE MARION SUPERIOR COURT
      The Honorable Z. Mae Jimison, Judge
      Cause No. 49G20-9804-CF-56875



                           ON PETITION TO TRANSFER




                              February 8, 2002

SULLIVAN, Justice.

      This is the second of  two  cases  we  decide  today  involving  Dante
Adams's difficulties with  state  revenue  and  criminal  authorities  after
cocaine was discovered first in his safety deposit  box  and  later  in  his
home.  This case presents the question of whether the  cocaine  found  in  a
search of the home by revenue  authorities  who  were  seeking  property  to
satisfy  a  tax  assessment  can  be  used  by  criminal  authorities  in  a
subsequent drug prosecution.   We  conclude  the  search  of  the  home  was
unconstitutional and that the exclusionary rule bars the use of the  cocaine
as evidence in criminal proceedings.




                                 Background


      Police officers found cocaine in a safe deposit box that Adams  leased
from an Indianapolis bank, but a  trial  court  later  determined  that  the
search violated Adams's constitutional rights  and  suppressed  the  cocaine
for purposes of pending criminal charges against him.[1]

      On March 23 – a day before the criminal charges  were  dropped  –  the
Indiana Department  of  Revenue  (“the  Department”)  issued  an  assessment
pursuant  to  the  Controlled  Substance  Excise  Tax  (“CSET”)[2]   against
Defendant.  The assessment included $79,548 in unpaid tax and a 100  percent
penalty, yielding a total assessment of  $159,096.  The  drugs  seized  from
Defendant’s safe deposit box were the basis for the tax.  Upon  learning  of
the assessment, Defendant filed a protest letter with the Department.


      On March 31, 1998, the Department issued a tax warrant to  collect  on
the CSET assessment.  Pursuant to  the  warrant,  revenue  officers  entered
Defendant’s home on April 13.  While  looking  for  assets  to  satisfy  the
assessment, the officers discovered cocaine hidden  in  a  stove  and  in  a
bedroom drawer.  Marion County narcotics detectives waited outside the  home
while the revenue officers searched  it.   When  the  Department’s  officers
found  the  cocaine,  the  narcotics  officers  entered.   Even  though  the
narcotics officers decided to seek a search warrant, the search of the  home
continued unabated.  In fact, the  officers  found  more  cocaine  before  a
search warrant was obtained.[3]


      Defendant was arrested and charged with Dealing in Cocaine,[4] a Class
A felony, and Possession of Cocaine,[5] a Class C felony.   Defendant  filed
a motion to suppress the cocaine on the grounds that the assessment and  the
tax warrant were based on the evidence  illegally  seized  in  the  original
criminal case.  The trial court denied the motion  to  suppress.   Defendant
sought an interlocutory appeal, which both the trial court and the Court  of
Appeals granted.


      The Court of Appeals reversed the trial  court,  concluding  that  the
exclusionary rule applies to the CSET  and  as  such  the  cocaine  was  the
“fruit of the poisonous tree” in the criminal trial.  Adams  v.  State,  726
N.E.2d 390, 393 (Ind. Ct. App. 2000). We granted transfer.  Adams v.  State,
No. 49S04-0011-CR-627, 2000 Ind. LEXIS 1098 (Ind. Nov. 3,  2000).   For  the
reasons set forth below, we also reverse the trial court.



                                 Discussion


      Defendant contends that the revenue officers  searched  his  residence
when they served the jeopardy tax warrant and that this search violated  the
Fourth Amendment’s prohibition on  unreasonable  searches  and  seizures.[6]
The paramount concern of the Fourth Amendment[7] is  the  reasonableness  of
the state’s intrusion into  the  privacy  of  its  citizens.   See  Vernonia
School Dist. v. Acton, 515 U.S. 646, 652 (1995) (“As the text of the  Fourth
Amendment indicates, the ultimate measure  of  the  constitutionality  of  a
governmental search is ‘reasonableness.’”).  Generally, a search of  a  home
is unreasonable unless it is conducted pursuant to a  search  warrant  based
on probable cause.  See Griffin v. Wisconsin,  438  U.S.  868,  873  (1987).
Therefore, we will first look at the Indiana CSET collection  procedures  to
determine whether the revenue officers entered Defendant’s home pursuant  to
a warrant based on probable cause.

      We  begin  this  analysis  by  distinguishing  between  two  different
chapters of the Indiana tax code.  Chapter 3 of Article 7 of  the  tax  code
imposes the CSET and sets forth procedures for its  enforcement.  Ind.  Code
§6-7-3 (“CSET Chapter”).  Chapter 5 of Article 8.1  of  the  tax  code  sets
forth the Department’s generic  enforcement  procedures  applicable  to  all
taxes it collects.  This includes CSET and such other  taxes  as  the  gross
income and retail sales taxes.  Ind.  Code  §6-8.1-5  (“General  Enforcement
Chapter”).

      Under section 3 of the General Enforcement Chapter, the CSET’s  status
as a “jeopardy assessment” allows the  Department  to  expedite  collection,
including the power to issue “jeopardy tax warrants” against  the  taxpayer.
Ind. Code §6-8.1-5-3.  These warrants empower revenue officers to  “levy  on
and sell the [taxpayer’s] property” and to do so  “either  without  or  with
the assistance of the sheriffs  of  any  counties  in  the  state.”   Id.[8]
Jeopardy tax warrants are issued  by  the  Department  unilaterally  without
judicial review but  typically  can  be  issued  only  when  the  Department
concludes  that  the  taxpayer  intends  to  take  some  action  that  would
jeopardize the state’s ability to collect the tax.  See  id.   However,  the
CSET Chapter provides that “[a]n assessment  for  the  tax  due  under  [the
CSET] is considered a jeopardy  assessment.   The  Department  shall  demand
immediate payment and take action to collect the  tax  due  as  provided  by
Ind. Code §6-8.1-5-3.”  Ind. Code §6-7-3-13.   As  such,  the  CSET  Chapter
provides that assessments under the CSET are jeopardy  assessments  per  se,
Ind. Code § 6-7-3-13,  allowing  the  Department  to  skip  the  finding  of
exigency required by section 3 of  the  General  Enforcement  Chapter,  Ind.
Code § 6-8.1-5-3.


      Under these statutes, then, jeopardy tax warrants under the  CSET  are
not issued pursuant to judicial review and  are  not  necessarily  based  on
probable cause since there is no required finding of exigency.  An entry  of
a home pursuant to these warrants is  therefore  presumptively  unreasonable
and  the  search  of  Defendant’s  home  was  unconstitutional  unless  some
exception to the warrant rule applies.


      The  Supreme  Court  has  recognized  that  the   Fourth   Amendment’s
requirement of reasonableness will allow  the  government  to  conduct  some
searches in non-criminal or administrative contexts  when  the  same  search
would  be  invalid  if  conducted  during  a  criminal  investigation.   For
example, the Court has carved both “administrative search”[9]  and  “special
needs”[10] exceptions to the warrant  requirement  on  the  basis  that  the
circumstances  present  in  those  contexts  make   a   warrantless   search
reasonable for Fourth Amendment  purposes.  Under  this  analysis,  we  must
determine whether the nature of the CSET makes  an  entry  into  a  home  to
collect the tax reasonable even if the revenue officers obtained only a non-
judicial jeopardy tax warrant.


      The Supreme Court had the opportunity to analyze the reasonableness of
a warrantless search of a home pursuant to  tax  collection  proceedings  in
G.M. Leasing Corp. v. United States, 429 U.S.  338  (1977).   The  facts  of
G.M. Leasing are worthy of close attention.  The case involved  the  seizure
of several expensive automobiles to satisfy a tax assessment.  Id.  at  341-
43.  Revenue officials found one  such  automobile  inside  a  free-standing
garage near a cottage owned by the taxpayer.  Id. at 344-45.  Upon  learning
that the taxpayer used the cottage for a business enterprise related to  the
tax assessment,[11] the revenue  agents  seized  the  cottage  in  hopes  of
finding records that would lead to more assets.  Id. at 345-46.  The  agents
seized several sets of business records after conducting  a  search  of  the
cottage.  Id. At no point in this process did the  agents  obtain  a  search
warrant, although they claimed authority to levy on the taxpayer’s  property
pursuant to federal statutes.


      The Supreme Court  determined  that  the  warrantless  search  of  the
cottage was unreasonable.  The Court recognized that the  power  to  enforce
tax laws – including the power to seize assets to satisfy tax  debts  –  was
critical to the functioning of government:
      Indeed, one may readily acknowledge that the  existence  of  the  levy
      power is an essential part of our self-assessment tax system and  that
      it enhances voluntary compliance in the collection of taxes that  this
      Court has described as “the lifeblood of government, and their  prompt
      and certain availability an imperious need.”


Id. at 350 (quoting Bull v. United States, 295 U.S. 247, 259  (1935)).   But
the Court determined that general Fourth  Amendment  principles  applied  to
tax collection procedures,  in  part  because  the  British  abused  general
warrants when collecting royal taxes during  the  colonial  period.  Id.  at
355.  Because the Fourth Amendment applied  to  tax  collection,  the  Court
concluded that the warrant requirement should  apply  to  levies  under  the
federal tax code:
      The intrusion into petitioner’s office is therefore  governed  by  the
      normal Fourth Amendment rule that “except in certain carefully defined
      classes of cases, a search of private property without proper  consent
      is ‘unreasonable’ unless it has been  authorized  by  a  valid  search
      warrant.”


Id. at 359 (quoting Camara v. Municipal Court, 387 U.S. 523, 528-529  (1967)
(emphasis added)).


      Finding that the general warrant rule applied, the Court then rejected
the government’s contention that an exception to the rule  should  apply  to
the IRS’s search. Specifically, the Court rejected  the  government’s  claim
that provisions of the Internal Revenue Code authorized a warrantless  entry
of a home for purposes of a tax levy and  that  these  provisions  made  the
search of the cottage reasonable.  The government claimed that 26  U.S.C.  §
6331(b), as it then read,[12] authorized the  Internal  Revenue  Service  to
use “every means possible to deprive the  taxpayer  of  use,  enjoyment,  or
title to property” including “warrantless  intrusions  into  privacy.”  G.M.
Leasing, 429 U.S. at 357.  The government relied on language in the  statute
that defined the IRS’s power to levy to include “the power of distraint  and
seizure by any means.”  The government argued that this language  authorized
an administrative search of the type the Court first  found  permissible  in
Camara v. Municipal Court, 387 U.S. 523, 531 (1967) and See v. Seattle,  387
U.S. 541 (1967).


      The Court assumed for the sake of argument that the statute  purported
to give the IRS power to make warrantless  searches,  but  rejected  on  two
grounds the claim that such  searches  would  be  reasonable  administrative
searches.  First, the Court concluded that § 6331  gave  the  IRS  excessive
discretion in determining what property to search:
      The respondents recognize that one of the Court’s critical concerns in
      Camara and See was the discretion of the seizing officers. Yet §  6331
      clearly gives the Secretary or his  delegate  discretion  as  to  what
      property to  seize.  If  more  than  one  location  is  involved,  the
      Secretary will choose which dwelling will be invaded. If  property  is
      to be found both in public places and in private areas, the  Secretary
      may choose which to seize. This hardly can be called  a  restraint  on
      discretion.


Id. at 357 (citation omitted).

      Second, the Court rejected the government’s claim that a search  under
the statute was reasonable because a warrant requirement  would  burden  the
government’s ability to collect taxes in exigent circumstances:
      The respondents assert that the burden on the Government of  obtaining
      a warrant is a relevant factor. They suggest that the burden is  great
      here because the Government is dealing with persons who may attempt to
      put their property beyond reach. Yet the statute authorizes  distraint
      and seizure whenever a taxpayer neglects or refuses to  pay  his  tax,
      and regardless of any indication of risk of concealment.  The  statute
      simply does not focus on situations involving a need for rapid action

Id. at 357 (citation omitted).[13]

      After  dispelling  several  other  exceptions  that   the   government
proposed, the Court concluded that the warrantless  search  of  the  cottage
was unreasonable and violated the Fourth Amendment.

      At first blush, G.M. Leasing is distinguishable from the  case  before
us because the search of the cottage in that case was  conducted  without  a
warrant.  Here, the revenue officers searched Defendant’s  home  only  after
they issued an administrative warrant under the  jeopardy  assessment  rules
of section 3 of the General Enforcement Chapter.   Ind.  Code  §  6-8.1-5-3.
Generally, an assessment qualifies  as  a  jeopardy  assessment  under  this
section if the Department determines that a  taxpayer  “intends  to  quickly
leave the state, remove his property from the state,  conceal  his  property
in the state, or do any other act that would jeopardize  the  collection  of
those taxes … .”  This initial step addresses the concerns the G.M.  Leasing
Court expressed about warrantless searches under 26 U.S.C. § 6331.


      Indiana  revenue  officers  do  not  enjoy  the  kind  of   unfettered
discretion  present  in  G.M.  Leasing  because  the  Department  may  issue
jeopardy  assessments  only  under  statutorily  prescribed   circumstances.
These statutory standards  relate  directly  to  exigent  circumstances  and
ensure that a jeopardy assessment  will  be  made  only  when  the  taxpayer
“intends to quickly leave the state, remove his  property  from  the  state,
conceal his  property  in  the  state,  or  do  any  other  act  that  would
jeopardize the collection of  those  taxes  …  .”  Ind.  Code  §  6-8.1-5-3.
Because the  jeopardy  warrant  provisions  of  section  3  of  the  General
Enforcement Chapter, Ind. Code 6-8.1-5-3, address the concerns of  the  G.M.
Leasing Court, we hold that a search  of  a  home  pursuant  to  a  jeopardy
warrant under section 3 provision will generally be  reasonable  for  Fourth
Amendment purposes.


      A close look at the CSET collection proceedings shows,  however,  that
the protections generally inherent in Indiana’s assessment  scheme  are  not
present when revenue officers search a home under the CSET.   As  previously
mentioned, section 13 of the CSET Chapter,  Ind.  Code  §  6-7-3-13,  states
that  all  CSET  assessments  are  jeopardy  assessments,  and  as  jeopardy
assessments the Department  is  empowered  to  issue  jeopardy  warrants  to
collect them.  Therefore, once  the  Department  makes  a  CSET  assessment,
revenue officers enjoy carte blanche to issue jeopardy warrants and levy  on
private premises.  Section 13 of the CSET Chapter  essentially  states  that
CSET assessments create a per se exigent  circumstance  and  grants  revenue
officers complete discretion to enter the taxpayer’s home.


      We therefore conclude that both of  the  factors  that  led  the  G.M.
Leasing Court to conclude that a search of a home under  26  U.S.C.  §  6331
was unreasonable are present in searches  of  homes  conducted  pursuant  to
jeopardy tax warrants issued to collect Indiana  CSET  assessments.   First,
in both instances officers have boundless discretion  to  intrude  upon  the
privacy of the home.  Because section 13 of the  CSET  Chapter  states  that
all CSET assessments are jeopardy assessments, Ind.  Code  §  6-7-3-13,  the
only limit placed on revenue  officers’  ability  to  search  homes  is  the
requirement that they fill out their own warrant.  See Ind. Code §  6-8.1-5-
3 (“the department may issue … a jeopardy tax warrant .. .”).  Second,  G.M.
Leasing determined that the exigency of the circumstances did not justify  a
warrantless entry into the cottage.  The  search  of  Defendant’s  home  was
based on even less exigency.  In G.M. Leasing, the  taxpayer  whose  conduct
initiated the seizures was  a  fugitive.   The  IRS  knew  that  his  family
members were attempting to hide assets and were alone with documents  inside
the cottage.  There is  nothing  in  the  present  record  to  suggest  that
Defendant was about to abscond,  hide  assets,  or  destroy  documents.   In
fact, the record shows that Defendant was arrested when he returned  to  his
apartment during the search.  This lack of evidence as to  the  exigency  of
the circumstances is due at least in part to the fact  that  the  Department
was  not  required  to  establish  exigency  under   the   CSET   collection
procedures.   Because  of  the  similarities  between  this  case  and  G.M.
Leasing, we conclude that the search of Defendant’s home under Indiana  Code
§§ 6-7-3-13 and 6-8.1-5-3 was unreasonable for the  same  reasons  that  the
search of the taxpayer’s cottage under 26 U.S.C. § 6331 was unreasonable  in
G.M. Leasing.


      G.M.  Leasing  –  which  was  a  civil  case  –  only  addressed   the
constitutionality of the search and did not determine  whether  the  records
would have to be suppressed during a subsequent criminal  prosecution.   429
U.S.  at  359.[14]   However,  under  normal  Fourth  Amendment  principles,
evidence obtained in the course of an illegal search is not admissible in  a
subsequent criminal proceeding. See,  e.g.,  Mapp  v.  Ohio,  367  U.S.  643
(1961), Wong Sun v. United States, 371 U.S. 471 (1963).  For example,
      When applied, the [fruit of the poisonous tree] doctrine  operates  to
      bar  not  only  evidence  directly   obtained,   but   also   evidence
      derivatively gained as  a  result  of  information  learned  or  leads
      obtained during an unlawful search or seizure. To invoke the doctrine,
      a defendant must show that challenged evidence  was  obtained  by  the
      State in violation of the defendant’s Fourth Amendment rights.


State v. Farber, 677 N.E.2d 1111, 1114 (Ind. Ct. App.  1997)  (Rucker,  J.),
transfer denied. We believe that that  the  Supreme  Court’s  statements  in
G.M. Leasing that “[t]he suppression issue, as to  the  books  and  records,
obviously is premature and may be considered if and when  proceedings  arise
in which the Government seeks to use the documents or  information  obtained
from them” is simply a statement of the Court’s limited  jurisdiction  given
the posture of that case, and was not intended to  call  into  question  the
elementary application of the principles of Mapp or Wong Sun.  See State  v.
Hinchey, 374 N.W.2d 14 (Neb. 1985)  (relying  on  G.M.  Leasing  to  exclude
evidence in a criminal case).   We  therefore  hold  that  the  trial  court
should have suppressed evidence stemming  from  the  search  of  Defendant’s
home under the jeopardy tax warrant.[15]

      The Court of Appeals  concluded  that  the  fruit  of  poisonous  tree
doctrine would preclude the State from introducing evidence obtained in  the
CSET search.  See Adams v. State, 726 N.E.2d 390, 393 (Ind. Ct. App.  2000).
 It reached this conclusion because  it  determined  that  the  exclusionary
rule applied to the CSET.  See id.[16]   However,  the  exclusionary  rule’s
application to the CSET does not  affect  the  suppression  of  evidence  in
Defendant’s criminal trial.  See Mapp v. Ohio, 367 U.S. 643  (1961).   In  a
criminal  trial,  evidence  must  be  suppressed  if  it   stems   from   an
unconstitutional search.  Therefore, our analysis is focused on whether  the
search of Defendant’s home was unconstitutional.  Having  found  it  so,  we
conclude that the fruits of this search must be  suppressed  at  Defendant’s
trial.

      Our holding that the search of Defendant’s home was unreasonable is  a
limited one.  In this case, government officers intruded  upon  the  privacy
of a home.  Our conclusion that this intrusion  was  unreasonable  does  not
affect the Department’s ability  to  seize  assets  found  in  less  private
contexts.   In  fact,  G.M.  Leasing  endorsed  the  government’s  power  to
institute tax liens, seize assets found in public  places,  and  take  other
basic measures to collect taxes so long as they do not  involve  warrantless
intrusions into the home.[17]  Moreover, our holding  does  not  affect  the
Department’s ability to collect taxes under the General Enforcement  Chapter
using jeopardy assessments and  jeopardy  warrants  in  most  circumstances.
The jeopardy warrant procedures both cabin revenue officers’ discretion  and
provide  that  such  warrants  will  not  be  issued   except   in   exigent
circumstances.  We conclude today that execution of jeopardy warrants  based
only on a statutory declaration in the CSET  Chapter  that  the  CSET  is  a
jeopardy assessment is unreasonable.  This conclusion does  not  impinge  on
the  general  functioning  of  jeopardy  warrants  based  on  a  finding  of
exigency.



                                 Conclusion


      Having previously granted transfer, we now  reverse  the  decision  of
the trial court.

SHEPARD, C.J., and DICKSON, BOEHM, and RUCKER, JJ., concur.
-----------------------
[1] We set forth additional  facts  in  the  companion  case  issued  today,
Dep’t. of Revenue v. Adams, No. 49S10-0011-TA-628 (Ind. Feb. 8, 2002).
[2]  The CSET is a tax on the possession of certain  narcotics.  We  discuss
the tax and the procedures for collecting it in greater detail infra.
[3] All of the cocaine at issue in this case was  discovered  prior  to  the
time the police served a valid search warrant.
[4] Ind. Code § 35-48-4-1 (1998).
[5] Id. § 35-48-4-6.
[6] United States Supreme Court  precedent  makes  clear  that  the  revenue
officers’ entry of Adam’s home to collect the CSET assessment was a  search.
 See G. M. Leasing Corp. v. United States, 429  U.S.  338   (1977)  (holding
that revenue officers conducted a search when they  entered  a  cottage  and
seized records when levying on  delinquent  tax).   Cf.  Thomas  v.  Indiana
Dept. of State Revenue, 675 N.E.2d 362, 367 (Ind. Tax Ct. 1997).
[7] The Fourth Amendment to the federal constitution states that:
      The right of the people to be secure in their persons, houses, papers,
      and effects, against unreasonable searches and seizures, shall not  be
      violated, and no  Warrants  shall  issue,  but  upon  probable  cause,
      supported by Oath or  affirmation,  and  particularly  describing  the
      place to be searched, and the persons or things to be seized.
Adams does not raise any independent claims under  the  analogous  provision
of the Indiana Constitution found in Article 1, § 11.
[8] We will assume for the sake of argument that this language  purports  to
give revenue officers the power  to  enter  a  home  under  a  jeopardy  tax
warrant.
[9] Administrative searches are reasonable because  they  are  “carried  out
pursuant to a  regulation  that  itself  satisfies  the  Fourth  Amendment’s
reasonableness  requirement.”  Griffin  v.  Wisconsin,  483  U.S.  868,  873
(1987). These administrative searches may be  conducted  without  a  warrant
under three criteria: 1) “there must be a ‘substantial’ government  interest
that informs the regulatory scheme  pursuant  to  which  the  inspection  is
made”; 2) “the warrantless inspections must be ‘necessary to  further  [the]
regulatory scheme’”; and 3) “‘the statute’s inspection program, in terms  of
the  certainty  and  regularity  of  its  application,  [must]  provid[e]  a
constitutionally adequate substitute for a warrant.’” New  York  v.  Burger,
482 U.S. 691, 703 (1987) (quoting Donovan v. Dewey,  452  U.S.  594,  600-02
(1981)).
[10]  The  special  needs  of  government   may   justify   a   warrantless,
suspicionless search “where the privacy interests implicated by  the  search
are minimal, and where an important governmental interest furthered  by  the
intrusion would be placed in jeopardy by  a  requirement  of  individualized
suspicion.” Skinner v. Railway Labor Executives’ Association, 489 U.S.  602,
624 (1989).
[11] The cottage was also used as a residence by  the  taxpayer’s  son,  who
became an intervenor in the tax collection suit. Id. at 347.
[12] At the time of the search, 26 U.S.C. § 6331 provided:
      (a) Authority of Secretary.
      If any person liable to pay any tax neglects or  refuses  to  pay  the
      same within 10 days after notice and demand, it shall  be  lawful  for
      the Secretary to collect such tax (and such further sum  as  shall  be
      sufficient to cover the  expenses  of  the  levy)  by  levy  upon  all
      property and rights to property (except such  property  as  is  exempt
      under section 6334) belonging to such person or on which  there  is  a
      lien provided in this chapter for the payment of such tax. ... If  the
      Secretary makes a finding that  the  collection  of  such  tax  is  in
      jeopardy, notice and demand for immediate payment of such tax  may  be
      made by the Secretary or his delegate and, upon failure or refusal  to
      pay such tax, collection thereof  by  levy  shall  be  lawful  without
      regard to the 10-day period provided in this section.
      (b) Seizure and sale of property.
      The term ‘levy’ as used in this title includes the power of  distraint
      and seizure by any means. … A  levy  shall  extend  only  to  property
      possessed and obligations existing at the time thereof. In any case in
      which the Secretary or his delegate may levy upon property  or  rights
      to property, he may seize and sell such property or rights to property
      (whether real or personal, tangible or intangible).

[13] The government did not rely on a separate part  of  26  U.S.C.  §  6331
which authorized expedited jeopardy assessments much  like  those  at  issue
here.  However, the Court later  rejected  the  government’s  argument  that
exigent circumstances justified the warrantless search.  Id. at 358-59.
[14] In refusing to address this issue, the Court cited two cases that  held
that the issue of whether evidence seized in tax collections could  be  used
in a subsequent criminal prosecution was not  ripe  for  adjudication  in  a
civil action concerning the tax.  See id. (citing Meister v. United  States,
397 F.2d 268 (3d Cir. 1968), and Hill v. United States, 346  F.2d  175  (9th
Cir. 1965), cert denied).
[15] The State argues that the cocaine could be introduced under good  faith
exception to the exclusionary rule found in Indiana  Code  §  35-37-4-5  and
United States v. Leon, 468 U.S. 897 (1984).  However, both the  statute  and
Leon require that the warrant on which the government relies to be  reviewed
by a neutral and detached magistrate.  As we  discussed  supra,  the  search
was conducted pursuant to a tax warrant that was never reviewed by a judge.
[16] We address this argument – and come to the  opposite  conclusion  –  in
the companion case, Dep’t. of Revenue v. Adams, 49S10-0011-TA-628.
[17] The G.M. Leasing Court was only concerned with the intrusion  into  the
privacy of  the  cottage,  and  not  the  actual  levies  on  property.   It
acknowledged that the government could seize property  without  obtaining  a
warrant.  Id. at 354.  That is to say,
      While the Government is indeed  authorized  to  effect  a  seizure  of
      property  without  obtaining   court   authorization,   it   can   not
      constitutionally enter private premises to search for property subject
      to such a seizure without a prior judicial determination that such  an
      intrusion is justified. The G.M. Leasing decision was grounded on  the
      need  to  protect  the  reasonable  expectations  of  privacy  of  the
      occupants of the premises. Thus, a tax seizure may still  be  effected
      without judicial intervention if the property to be seized is found in
      a public place. But, under G.M. Leasing, if it is  necessary  for  the
      Government to enter private premises to effect the  seizure,  it  must
      first obtain a court order authorizing such entry.
Matter of Campbell, 761 F.2d 1181 (6th Cir. 1985). See  also  United  States
v. Shriver, 645 F.2d 221, 222 (4th Cir.  1981)  (“The  warrant  requirement,
however, has to do with entry upon private property and nothing  at  all  to
do with the reasonableness or possible unreasonableness  of  a  contemplated
levy upon private property in aid of tax collection.”).