ILNews

COA reverses conviction in trash-search case

Jennifer Nelson
January 1, 2007
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
The Indiana Court of Appeals reversed a conviction of possession of marijuana with intent to deal, citing an Indiana Supreme Court case that prohibits introducing evidence at trial that was obtained following a police search of trash. The court also ruled the good faith exception does not apply.

In Ralph Belvedere v. State of Indiana, 48A05-0611-CR-669, Belvedere appealed his conviction of possession of marijuana with intent to deal and maintaining a common nuisance, arguing the Indiana Supreme Court decision in Litchfield v. State, 824 N.E.2d 356 (Ind. 2005) should be retroactive and apply to his case. Belvedere was arrested after Anderson Detective Kevin Earley, based on a tip, searched Belvedere's trash for evidence of marijuana. After finding seeds, stems, and a small amount of marijuana, Earley requested a search warrant of Belvedere's house. When marijuana was found during the search, he arrested Belvedere.

During his trial, the court denied Belvedere's motion to suppress the evidence police took from his trash that prompted the search warrant. The trial court sentenced Belvedere to six years probation.

Litchfield was decided in March 2005, almost a year after Earley searched Belvedere's trash. Judge Edward Najam wrote in the opinion that Litchfield applies to all cases that were pending on direct review or not yet final at the time Litchfield was decided; Belvedere's case was not yet decided as he was convicted in July 2006. For Earley to conduct a lawful search, he needed to have an "articulable individualized suspicion," but his search was based exclusively on information he received from a source. The information the source had was general information about Belvedere's race, age, and residence, but many people could know that information. Earley's search violated Belvedere's rights under the Indiana Constitution, and all evidence from that search must be suppressed unless an exception to the exclusionary rule can apply, wrote Judge Najam.

If Earley got the evidence from Belvedere's trash out of good faith, then it may be admissible. Any application of the good faith doctrine must take into account the constitutional standards from Litchfield. The majority agreed the good faith exception cannot be applied to this case, and many others, because it would avoid application of a newly announced rule of constitutional law, wrote Judge Najam.

In Indiana, the good faith exception can be applied if the evidence was obtained pursuant to "a state statute, judicial precedent, or court rule that is later declared unconstitutional or otherwise invalidated." Applying the good faith statute to Belvedere would violate his rights under the Indiana Constitution. To apply the good faith statue here would negate the Indiana Supreme Court ruling in Litchfield and require the court to ignore the retroactivity of Litchfield, the judge wrote.

Judge Cale Bradford dissented in a separate opinion, writing he believes the good faith exception applies to this case. The trash search was legal when it was performed, wrote Judge Bradford. He cited Michigan v. DeFillippo, 443 U.S. 31 (1979), in which the Supreme Court noted that evidence found at the time a person was arrested after a lawful arrest and search should not be suppressed.
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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

ADVERTISEMENT