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Information used to obtain search warrant splits Court of Appeals

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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.”

 
 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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