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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. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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