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COA: Deputy not justified in entering backyard

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A sheriff’s deputy who tried to serve a protective order was not justified in entering the backyard of a home after no one answered knocking at the front door, the Indiana Court of Appeals ruled. The deputy saw marijuana in the backyard, leading to the homeowner’s arrest.

Hendricks County Sheriff’s Deputy Robert Butterfield attempted to serve the protective order at the home of Duane Jadrich in Brownsburg. There were several signs on the property saying to use the front door, including on a closed gate on a fence. Butterfield went through the gate to the backyard and knocked on that door after no one answered. He saw what he thought was marijuana growing in the backyard.

Eventually homeowner Jadrich and his wife responded to knocking on a window and allowed the deputies inside, where they found marijuana in a smoking pipe. Jadrich was arrested and charged with drug offenses. He filed a motion to suppress, which was denied, and he was convicted of two misdemeanor charges.

On appeal in Duane Jadrich v. State of Indiana, 32A04-1302-CR-67, Jadrich argued that Butterfield conducted an unconstitutional warrantless search of his property. The Court of Appeals agreed and reversed his convictions.

The appellate court noted that the route to Jadrich’s back door is not one that visitors would reasonably view as open to the public. The judges looked to other jurisdictions to determine whether a police entry into curtilage or approach to a secondary entrance was justified.

“In summary, seemingly unanimous authority requires some justification before a police officer may permissibly venture into spaces not normally used by the public, such as approaching a secondary entrance to a house located in the curtilage,” Judge Cale Bradford wrote. “In some cases, this entry is justified by a reasonable belief that a person may be contacted by such entry, and in others by observations that indicate possible criminal activity. The record contains no evidence that indicates such justifications in this case, as Deputy Butterfield did not observe or hear anything before entering Jadrich’s back yard that would have led a reasonable person to believe that any criminal activity was afoot, anybody was in the back yard, or knocking on the back door was more likely to result in contact with anyone inside the house.”

“The State has failed to convince us that Deputy Butterfield’s purpose for being at Jadrich’s home — to serve a civil protective order — justified his foray into the back yard,” he continued. “The State points to no authority suggesting that the service of protective orders is a purpose that excuses police entry into areas that are otherwise constitutionally protected and off-limits.”

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  • BUT ...
    But the NSA can use his laptop video to spy on him, can listen to his telephone conversations and can take pix of his property from any angle without the need for oversite?
  • "Cartilage"
    The word cartilage appears twice in your article. The word is "curtilage," an old common law property term.

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  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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