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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. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. 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

  3. 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

  4. 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

  5. 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.

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