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

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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.
 

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  1. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

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