ILNews

Information used to obtain search warrant splits Court of Appeals

Back to TopCommentsE-mailPrintBookmark and Share

Although the statements from three individuals were hearsay and initially led law enforcement to enter the wrong apartment, a split Indiana Court of Appeals found, collectively, the information supported probable cause.

Brian Bradley was convicted of Class D felony dealing in marijuana after Ripley County law enforcement, based on tips from informants, entered his apartment and found marijuana and drug paraphernalia.

Officers learned Bradley was selling marijuana from a woman they arrested for possession of marijuana. The woman told officers she purchased the marijuana from a man nicknamed Shrek but, according to friends, was actually named Brian. She said he lived on the second floor of an antiques store in Batesville.

At 1:24 a.m., police entered the second-floor residence but found the apartment belonged to a couple. Separately, the couple told officers they had also purchased marijuana from Shrek, also known as Brian, who lived on the third floor.

A few hours later, police were able to obtain another warrant and searched Bradley’s apartment.  

At a hearing on Bradley’s motion to suppress evidence, the woman changed her testimony, saying she never directly bought marijuana from Brian, but rather her friends did so for her.

Later in the trial, the man who lived in the second-floor apartment backtracked from his original statements to police, saying he never purchased drugs directly from Bradley.   

However, the Court of Appeals found the warrants were legal because they were based on what police knew at the time and not on the statements the informants gave in court. That information, the COA ruled, was enough to support Bradley’s conviction for Class D felony dealing in marijuana.  

 “We find that (Ripley County Sheriff’s Department) Detective (Abraham) Hildebrand’s probable-cause affidavit contains information that establishes that the totality of the circumstances corroborates the hearsay,” Judge Nancy Vaidik wrote for the majority in Brian Bradley v. State of Indiana, 69A04-1306-CR-268. “…Here, there are bits and pieces of evidence tending to show probable cause that marijuana would be found in Brian’s third-floor apartment. Although each declarant, standing alone, may not have conclusively established probable cause, the evidence in the affidavit, when fitted together and viewed collectively, is sufficient to support the trial court’s finding of probable cause.”

Judge Patricia Riley dissented finding probable cause did not exist for the probable cause affidavit. The only details corroborated by all three informants are the name and nickname of the individual from whom marijuana was purchased. Also, the police did not substantiate the information and material facts are missing from the affidavit.  

“In cases like this – where the officers ultimately found marijuana, but only did so by disregarding the mandates of probable cause – our justice system pays the price,” Riley wrote. “The ‘privacy of all Hoosiers’ is put in jeopardy when constitutional protections are circumvented in order to secure evidence.”

 
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

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. Welcome to Hendricks County where local and state statutes (especially Indiana Class C misdemeanors) are given a higher consideration than Federal statues and active duty military call-ups.

  2. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  3. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  4. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  5. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

ADVERTISEMENT