ILNews

COA reverses conviction in trash-search case

Jennifer Nelson
January 1, 2007
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The Indiana Court of Appeals reversed a conviction of possession of marijuana with intent to deal, citing an Indiana Supreme Court case that prohibits introducing evidence at trial that was obtained following a police search of trash. The court also ruled the good faith exception does not apply.

In Ralph Belvedere v. State of Indiana, 48A05-0611-CR-669, Belvedere appealed his conviction of possession of marijuana with intent to deal and maintaining a common nuisance, arguing the Indiana Supreme Court decision in Litchfield v. State, 824 N.E.2d 356 (Ind. 2005) should be retroactive and apply to his case. Belvedere was arrested after Anderson Detective Kevin Earley, based on a tip, searched Belvedere's trash for evidence of marijuana. After finding seeds, stems, and a small amount of marijuana, Earley requested a search warrant of Belvedere's house. When marijuana was found during the search, he arrested Belvedere.

During his trial, the court denied Belvedere's motion to suppress the evidence police took from his trash that prompted the search warrant. The trial court sentenced Belvedere to six years probation.

Litchfield was decided in March 2005, almost a year after Earley searched Belvedere's trash. Judge Edward Najam wrote in the opinion that Litchfield applies to all cases that were pending on direct review or not yet final at the time Litchfield was decided; Belvedere's case was not yet decided as he was convicted in July 2006. For Earley to conduct a lawful search, he needed to have an "articulable individualized suspicion," but his search was based exclusively on information he received from a source. The information the source had was general information about Belvedere's race, age, and residence, but many people could know that information. Earley's search violated Belvedere's rights under the Indiana Constitution, and all evidence from that search must be suppressed unless an exception to the exclusionary rule can apply, wrote Judge Najam.

If Earley got the evidence from Belvedere's trash out of good faith, then it may be admissible. Any application of the good faith doctrine must take into account the constitutional standards from Litchfield. The majority agreed the good faith exception cannot be applied to this case, and many others, because it would avoid application of a newly announced rule of constitutional law, wrote Judge Najam.

In Indiana, the good faith exception can be applied if the evidence was obtained pursuant to "a state statute, judicial precedent, or court rule that is later declared unconstitutional or otherwise invalidated." Applying the good faith statute to Belvedere would violate his rights under the Indiana Constitution. To apply the good faith statue here would negate the Indiana Supreme Court ruling in Litchfield and require the court to ignore the retroactivity of Litchfield, the judge wrote.

Judge Cale Bradford dissented in a separate opinion, writing he believes the good faith exception applies to this case. The trash search was legal when it was performed, wrote Judge Bradford. He cited Michigan v. DeFillippo, 443 U.S. 31 (1979), in which the Supreme Court noted that evidence found at the time a person was arrested after a lawful arrest and search should not be suppressed.
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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