Man’s 33-year sentence, admission of heroin evidence upheld

A man who allegedly held two women against their will and beat them in his Fort Wayne home and later was found holding heroin lost his appeal Friday. An appellate court rejected his challenge to the admission of evidence against him as well as his appeal of his aggregate 33½-year sentence.

Morgan K. Govan was sentenced after a bench trial before now-Senior Judge John Surbeck in Allen Superior Court. Two women claimed Govan had tied them up and beat them in August 2016. Investigating officers went to the home and searched while no one was present, finding a pool of what appeared to be blood in the basement, as well as electrical cords “that appeared to have been used to tie someone up.”

Detectives then obtained a “ping” of Govan’s cellphone location from his carrier, finding him later that evening sitting in his truck outside at a Fort Wayne motel. They ordered him out of the truck and found a baggie containing heroin in his pants pocket.

Govan was subsequently charged with two counts of Level 3 felony criminal confinement; Level 4 felony possession of cocaine; Level 5 felony kidnapping; two Level 5 felony counts of battery; and a Level 6 felony count of intimidation. He later was additionally charged with two Level 6 felony counts of criminal confinement.

Ultimately, Govan pleaded guilty to the two Level 6 felony counts, agreeing to a total of five years in prison as a sentence, while retaining his right to be tried on the drug count and a habitual offender enhancement. In exchange, the state dropped the remaining counts. Govan was convicted of the drug count and found to be a habitual offender, receiving an aggregate sentence of 33½ years.

On appeal, he first unsuccessfully argued against the admission of the heroin, claiming his rights were violated when police asked his cellphone provider for real-time location, and that he was arrested without probable cause. Senior Judge Betty Barteau wrote for the panel that exigent circumstances existed in this case permitting police to seek cell location information without a warrant.

“Under these circumstances, the police had ample reason to believe that Govan had committed violent felonies and presented an ongoing threat to the lives and safety of (the victims) and their families,” Barteau wrote in Morgan K. Govan v. State of Indiana, 18A-CR-708. Detectives “had further reason to believe that obtaining real-time data about the location of Govan’s cellular phone would assist them in finding him and furthering their investigation.”

And further, because Govan had threatened to kill one of his victims, Barteau wrote, law enforcement had a crucial need to arrest him when he was located. “In summary, Govan’s search and seizure claims must fail, and the trial court did not err in allowing the heroin into evidence during trial.”

Likewise, Govan’s challenge of his sentence cut no ice with the appellate panel, which cited his past criminal history of violence and significant drug dealing. “Govan continues to commit offenses involving controlled substances and violence despite numerous opportunities to reform. Based upon this record, we cannot conclude the habitual offender sentencing enhancement was unconstitutionally disproportionate to the sentence for the present felony,” the panel held.