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COA: Deputy not justified in entering backyard

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A sheriff’s deputy who tried to serve a protective order was not justified in entering the backyard of a home after no one answered knocking at the front door, the Indiana Court of Appeals ruled. The deputy saw marijuana in the backyard, leading to the homeowner’s arrest.

Hendricks County Sheriff’s Deputy Robert Butterfield attempted to serve the protective order at the home of Duane Jadrich in Brownsburg. There were several signs on the property saying to use the front door, including on a closed gate on a fence. Butterfield went through the gate to the backyard and knocked on that door after no one answered. He saw what he thought was marijuana growing in the backyard.

Eventually homeowner Jadrich and his wife responded to knocking on a window and allowed the deputies inside, where they found marijuana in a smoking pipe. Jadrich was arrested and charged with drug offenses. He filed a motion to suppress, which was denied, and he was convicted of two misdemeanor charges.

On appeal in Duane Jadrich v. State of Indiana, 32A04-1302-CR-67, Jadrich argued that Butterfield conducted an unconstitutional warrantless search of his property. The Court of Appeals agreed and reversed his convictions.

The appellate court noted that the route to Jadrich’s back door is not one that visitors would reasonably view as open to the public. The judges looked to other jurisdictions to determine whether a police entry into curtilage or approach to a secondary entrance was justified.

“In summary, seemingly unanimous authority requires some justification before a police officer may permissibly venture into spaces not normally used by the public, such as approaching a secondary entrance to a house located in the curtilage,” Judge Cale Bradford wrote. “In some cases, this entry is justified by a reasonable belief that a person may be contacted by such entry, and in others by observations that indicate possible criminal activity. The record contains no evidence that indicates such justifications in this case, as Deputy Butterfield did not observe or hear anything before entering Jadrich’s back yard that would have led a reasonable person to believe that any criminal activity was afoot, anybody was in the back yard, or knocking on the back door was more likely to result in contact with anyone inside the house.”

“The State has failed to convince us that Deputy Butterfield’s purpose for being at Jadrich’s home — to serve a civil protective order — justified his foray into the back yard,” he continued. “The State points to no authority suggesting that the service of protective orders is a purpose that excuses police entry into areas that are otherwise constitutionally protected and off-limits.”

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  • BUT ...
    But the NSA can use his laptop video to spy on him, can listen to his telephone conversations and can take pix of his property from any angle without the need for oversite?
  • "Cartilage"
    The word cartilage appears twice in your article. The word is "curtilage," an old common law property term.

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  1. 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.

  2. 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.

  3. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  4. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  5. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

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