ILNews

Information used to obtain search warrant splits Court of Appeals

Back to TopCommentsE-mailPrintBookmark and Share

Although the statements from three individuals were hearsay and initially led law enforcement to enter the wrong apartment, a split Indiana Court of Appeals found, collectively, the information supported probable cause.

Brian Bradley was convicted of Class D felony dealing in marijuana after Ripley County law enforcement, based on tips from informants, entered his apartment and found marijuana and drug paraphernalia.

Officers learned Bradley was selling marijuana from a woman they arrested for possession of marijuana. The woman told officers she purchased the marijuana from a man nicknamed Shrek but, according to friends, was actually named Brian. She said he lived on the second floor of an antiques store in Batesville.

At 1:24 a.m., police entered the second-floor residence but found the apartment belonged to a couple. Separately, the couple told officers they had also purchased marijuana from Shrek, also known as Brian, who lived on the third floor.

A few hours later, police were able to obtain another warrant and searched Bradley’s apartment.  

At a hearing on Bradley’s motion to suppress evidence, the woman changed her testimony, saying she never directly bought marijuana from Brian, but rather her friends did so for her.

Later in the trial, the man who lived in the second-floor apartment backtracked from his original statements to police, saying he never purchased drugs directly from Bradley.   

However, the Court of Appeals found the warrants were legal because they were based on what police knew at the time and not on the statements the informants gave in court. That information, the COA ruled, was enough to support Bradley’s conviction for Class D felony dealing in marijuana.  

 “We find that (Ripley County Sheriff’s Department) Detective (Abraham) Hildebrand’s probable-cause affidavit contains information that establishes that the totality of the circumstances corroborates the hearsay,” Judge Nancy Vaidik wrote for the majority in Brian Bradley v. State of Indiana, 69A04-1306-CR-268. “…Here, there are bits and pieces of evidence tending to show probable cause that marijuana would be found in Brian’s third-floor apartment. Although each declarant, standing alone, may not have conclusively established probable cause, the evidence in the affidavit, when fitted together and viewed collectively, is sufficient to support the trial court’s finding of probable cause.”

Judge Patricia Riley dissented finding probable cause did not exist for the probable cause affidavit. The only details corroborated by all three informants are the name and nickname of the individual from whom marijuana was purchased. Also, the police did not substantiate the information and material facts are missing from the affidavit.  

“In cases like this – where the officers ultimately found marijuana, but only did so by disregarding the mandates of probable cause – our justice system pays the price,” Riley wrote. “The ‘privacy of all Hoosiers’ is put in jeopardy when constitutional protections are circumvented in order to secure evidence.”

 
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  2. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  3. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  4. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  5. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

ADVERTISEMENT