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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. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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