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Court rejects stale trash evidence argument

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The Indiana Court of Appeals has rejected an argument that evidence found in a trash search was stale because no other garbage had been collected in the past two weeks and that seized material could have been too old.

In the case of Donald T. Shell v. State of Indiana, No. 48A02-0904-CR-325, an appellate panel delved into a man’s felony convictions for drug possession in Madison County that resulted in an 18-year sentence. The appeals judges affirmed the ruling by Madison Superior Judge Dennis Carroll, which admitted evidence from the police search warrant investigation of Donald T. Shell’s home and denied Shell’s request for disclosure of a confidential informant’s identity.

Anderson police investigated Shell in summer 2008 after a confidential informant told police that Shell was selling cocaine and marijuana while living at his girlfriend’s home. Police couldn’t initially search the trash because none was placed outside for two weeks, but in the third week garbage was placed in front of the residence on the night before the scheduled trash collection. Inside two trash bags, police found plant materials and stems that tested positive for marijuana, and several plastic baggies with white residue tested positive for cocaine. Police obtained a search warrant for the residence, and found drugs, paraphernalia, and cash hidden inside.

Shell was charged with six felonies and later filed a motion to suppress the seized evidence, claiming the search warrant was based on evidence found during an improper trash pull. The trial judge denied Shell’s motion and other claims, and overruled his objections at trial where he was found guilty on five of the felony counts. He received a concurrent sentence totaling 18 years.

On appeal, Shell raised the claim about the stale trash evidence that meant the residential search warrant was invalid and the evidence should have been tossed.

“Although the age of the information supporting an application for a warrant can be a critical factor when determining the existence of probable cause, our courts have not established a bright-line rule regarding the amount of time that may elapse between obtaining the facts upon which the search warrant is based and the issue of the warrant,” Judge Paul Mathias wrote. “Shell argues that because no trash had been put out for collection in the two weeks prior to the trash search, the evidence found in the trash search was also stale because it could have been placed in the trash in the two weeks before the search. Shell cites no authority for this novel proposition, and we reject it.”

Using guidance outlined in the landmark decision State v. Litchfield, 824 N.E.2d 356, 363 (Ind. 2005), the appellate panel concluded the trash search was supported by the necessary “articulable individualized suspicion” and that the obtained evidence was admissible. The appellate court also affirmed Judge Carroll’s other findings and the sentence imposed.
 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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