ILNews

Good-faith exception not applicable

Back to TopE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

ADVERTISEMENT