Terrence J. Fuqua v. State of Indiana - 3/13/13

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Wednesday  March 13, 2013 
1:45 PM  EST

1:45 p.m. 02A03-1207-CR-342. Hamilton Southeastern High School, Fishers. Terrance Fuqua was convicted in Allen Superior Court of 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.  The evidence used to convict Fuqua was obtained during the execution of a search warrant of his residence. The probable cause to support that warrant was based on evidence obtained during a search of Fuqua’s trash and statements from an anonymous informant and two confidential informants that Fuqua was dealing cocaine from his residence.

Fuqua appeals his convictions and argues 1) that law enforcement officers lacked reasonable suspicion to search his trash, and 2) the search warrant was not supported by probable cause because the informants’ statements were not credible.  In response, the State disputes those claims, but also argues that even if the search warrant lacked probable cause, the evidence obtained during the search was admissible because the law enforcement officers relied on the warrant in good faith.

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