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Reasonable suspicion needed to search home detention participant’s residence

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The Indiana Court of Appeals affirmed the suppression of evidence found at a Tippecanoe County home by community corrections officers, finding the roommate of the man on home detention had a reasonable expectation of privacy.

Tippecanoe County Community Corrections officers conducted a search of Jordan Sullivan’s home and found drugs in the bedroom of his roommate Brishen Vanderkolk. Sullivan signed a form before participating in home detention that allowed searches and seizures by TCCC, law enforcement or the court of his person, his property and his vehicle at any time.

In December 2012, when Vanderkolk was not at home, TCCC officers went to Sullivan’s residence and searched it. After smelling drugs, they did a protective sweep of the home, leading to the discovery of contraband from several rooms in the house, including Vanderkolk’s bedroom.

He filed a motion to suppress, which was granted by the trial court. At the suppression hearing, a TCCC officer testified that Sullivan’s residence was searched to ensure his compliance with the program, not because of any suspicion of illegal or improper activity.

Vanderkolk had a reasonable expectation of privacy in the residence because he lived there, so he may challenge the search on Fourth Amendment grounds, the divided Court of Appeals ruled in State of Indiana v. Brishen R. Vanderkolk, 79A04-1308-CR-407.

It is clear based on caselaw that reasonable suspicion must support a warrantless search of a probationer, or as in the instant case, a community corrections participant.

“The evidence at Vanderkolk’s suppression hearing showed that the TCCC officers believed Sullivan’s waiver justified suspicionless searches merely to ensure compliance. But the special need of supervising community corrections participants, while dispensing with probable cause, still required reasonable suspicion that evidence of Sullivan’s noncompliance would be found.,” Senior Judge Betty Barteau wrote in the majority opinion.

Judge L. Mark Bailey concurred in result in a separate opinion, and Judge James Kirsch dissented without opinion.  

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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