ILNews

COA: Court allowed to admit evidence from man’s home

Back to TopCommentsE-mailPrintBookmark and Share

The Allen County man who tried to convince the Indiana Court of Appeals that law enforcement shouldn’t have searched his trash and been allowed to obtain a warrant based on evidence from that trash lost his appeal Wednesday.

Terrence Fuqua was implicated by two people arrested in connection with a cocaine-dealing investigation and a confidential informant that Fuqua was a cocaine dealer. Stephanie McCarter and Donald Stover, in separate and then in a joint interview with detective Darrick Engelman indentified Fuqua as one of their cocaine dealers.  

Detective Dain Strayer received the anonymous tip about Fuqua. The two men shared their acquired information on Fuqua. They later drove by Fuqua’s home and saw his trash outside to be collected. The detectives took two bags and found crack pipes and other paraphernalia dealing with cocaine. They also observed activities consistent with narcotics trafficking from Fuqua’s home.

They later got a search warrant for Fuqua’s home and found large amounts of cocaine, marijuana and other paraphernalia. Fuqua was charged with Class A felony dealing in cocaine, Class B felony unlawful possession of a firearm by a serious violent felon, Class D felony possession of a controlled substance, Class D felony dealing in marijuana, and Class A misdemeanor possession of paraphernalia. Fuqua sought to suppress all evidence from the search warrant, but the trial court denied his request. He was convicted as charged.

In Terrence J. Fuqua v. State of Indiana, 02A03-1207-CR-342, Fuqua argued that the detectives didn’t have reasonable suspicion to search his trash and that the warrant wasn’t supported by probable cause.

The COA found that the trash pull was not based solely on the anonymous tip as Fuqua had argued, but also was based on the interviews with McCarter and Stovall. The information relayed by all three informants was enough for the detectives to reasonably suspect that Fuqua was engaged in criminal activity, Judge Paul Mathias wrote, meaning the trash pull was constitutionally permissible under the Indiana Constitution.

Fuqua also claimed there was no probable cause to serve as a basis for the search warrant as the informants relied upon weren’t credible. But their statements that Fuqua was dealing cocaine were corroborated by the evidence the detectives found during the trash pull. Also, the detectives observed activity consistent with drug dealing around Fuqua’s home.

“We conclude that the totality of the circumstances personally known to the detectives (as described in the affidavit) sufficiently corroborated the informants’ hearsay statements. Under the facts and circumstances before us, the search warrant was supported by probable cause. For this reason, the trial court did not abuse its discretion when it admitted the evidence seized during the execution of the search warrant for Fuqua’s residence,” Mathias wrote.




 

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

ADVERTISEMENT