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Good-faith exception not applicable

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An Indiana trial court erred when it denied a defendant's motion to suppress evidence because the good-faith exception doesn't apply in this case, the Indiana Court of Appeals concluded today.

In Brea Rice v. State of Indiana, No. 55A04-0902-CR-99, Brea Rice argued the drugs found in her purse after she was arrested on a warrant for receiving stolen property shouldn't be allowed into evidence because the search that led to the warrant wasn't supported by probable cause.

Mooresville Police officers Yarnell and Harris executed a search warrant of the home Rice rented and lived in with Brian Nysewander to find stolen property allegedly stored there. The search didn't turn up any of the missing property, but officers photographed a motorcycle helmet in the garage before leaving. That helmet turned out to be reported stolen, so police filed an affidavit of probable cause to arrest Rice and Nysewander.

Officer Whitley saw Rice at her back door as he drove by and stopped to arrest her because he knew she had a warrant. A search of her purse at the police department turned up two marijuana joints and a small amount of methamphetamine.

Rice was charged with possession of methamphetamine and marijuana. The receiving stolen property charge was later dismissed without prejudice, and Rice filed an interlocutory appeal after the trial court denied her motion to suppress the drug evidence.

The trial court acknowledged the arrest warrant shouldn't haven't been issued but found the police conduct could fall under the good-faith exception. There's no question Whitely acted in good faith in serving the arrest warrant; however, the actions of the officers who originate warrants must also be considered, wrote Judge Margret Robb.

Nothing in the record suggests the affidavit was deliberately misleading or false, but it did fail to show any connection between Rice and the crime of which she was accused, the judge continued.

"If we were to apply the good faith exception in this case and hold it was objectively reasonable for Officer Whitley to rely on a warrant supported by an affidavit wholly lacking probable cause, officers would have no incentive to discover and attest to facts amounting to probable cause in future affidavits, the defendant's right to seek review of the probable cause determination would be empty, and the exclusionary rule would have no meaning," she wrote.

The purpose of the exclusionary rule is to deter law enforcement from committing constitutional violations, and evidence should only be suppressed if it can be said the officer had knowledge or may properly be charged with the knowledge the search was unconstitutional. Yarnell may be charged with knowledge that an arrest warrant issued on the basis of his affidavit was unconstitutional, and as in Hensley v. State, 778 N.E.2d 484, 489 (Ind. Ct. App. 2002), exclusion can therefore have a deterrent effect by ensuring future affidavits contain sufficient information for a judicial officer to determine probable cause, wrote Judge Robb.

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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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