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. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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