COA cites 'good faith' exception for child pornography search warrant

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals affirmed a trial court’s denial of a motion to suppress evidence, holding that even though a search warrant was invalid, the evidence it produced is admissible due to a “good faith” exception to the exclusionary rule.

On May 1, 2009, Bryan Johnson took his computer to Computer Bay, a repair shop in Schererville. An employee there found a folder on Johnson’s computer titled: “Had sex with a 12 year old_file.” Based on his co-workers’ recommendations, the employee reported Johnson to the Schererville Police Department.

A police officer visited the store and checked some of the folders on the computer. He found no images of child pornography, but was instructed to bring the hard drive to the police station to be held as evidence. Subsequently, another officer – Detective Patrick Rosado – took over the investigation.

Rosado filled out search warrant and search warrant affidavit forms and submitted them to the Schererville Town Court on May 19, 2009, to be signed by Judge Kenneth Anderson. After Rosado received the search warrant and affidavit back from Judge Anderson, he picked up the computer tower, which was still at Computer Bay. Detective Alva Whited, a forensic examiner with the Indiana State Police, searched the computer and found images of child pornography within the folder that initially caused the Computer Bay employee to call police. Whited found 173 folders, each containing approximately 1,000 photos. Many of the photos were animated or digital, but Whited found at least two live photos involving young children and adults engaging in sexual acts.

In the case of Bryan Johnson v. State of Indiana, No. 45A05-1012-CR-816, Johnson argued that the images found on his computer should have been suppressed because of an improperly filed search warrant. When Rosado submitted his affidavit and search warrant to the Schererville Town Court, he did not see Judge Anderson. Instead, he submitted the forms to one of Judge Anderson’s office employees and received them back shortly thereafter. The appeals court stated that Rosado was not familiar with the policies of the Schererville Town Court and assumed that the court employee had taken care of everything necessary to properly file a search warrant. However, when he received the forms back, neither form had a file mark, and the Schererville Court later could not find either form in its record, which indicates the search warrant was never filed.

The appeals court referred to the Indiana Supreme Court decision in Callender v. State, 193 Ind. 91, 138 N.E. 817, 818 (1923), which states that if property is secured by a search and seizure under the pretext of a search warrant, and the warrant is held invalid for any reason, then the property seized may not be used as evidence against a defendant. Generally, the exclusionary rule requires that a search conducted pursuant to an invalid search warrant results in the suppression of any items seized. Hoop v. State, 909 N.E.2d 463, 470 (Ind. Ct. App. 2009), trans. denied.

However, in Johnson, the state argued that the images on Johnson’s computer were admissible under the “good faith exception” to the exclusionary rule – Indiana Code 35-37-4-5 – which allows evidence to be admitted if an officer sought the warrant under probable cause and believed the search warrant to be valid. The appeals court agreed, affirming the trial court’s denial of Johnson’s motion to suppress.


Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.