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Thursday, October 20, 2005

Ind. Decisions - Court of Appeals decides two drug cases of interest today

In State of Indiana v. Scott Crabb, an 8-page opinion issued today, Chief Judge Kirsch wrote:

The State appeals a decision of the trial court to suppress evidence seized in a warrantless search, which led to the charging of Scott Michael Crabb with dealing methamphetamine,1 a Class A felony, possession of methamphetamine,2 a Class C felony, and neglect of a dependant,3 a Class D felony. After the trial court granted Crabb’s motion to suppress, the State dismissed its charges and filed this appeal. The dispositive issue on review is whether the smell of ether emanating from an apartment reported to house a small child constituted exigent circumstances justifying a warrantless search. We reverse. * * *

We readily acknowledge that methamphetamine production and use have rapidly become plagues in our communities and recognize that law enforcement is inundated with new challenges related to methamphetamine; however, we are not ready to draw a bright line which would allow officers to enter a home without a warrant based solely on the smell of ether. That said, we find that the specific facts of this case justified the warrantless entry and search of Crabb’s apartment under the exigent circumstance exception to the warrant requirement.

Judge Barnes concurred, Judge Baker concurred in the result with a separate opinion that begins:
I agree with the majority’s view that the trial court’s grant of Crabb’s motion to suppress must be reversed. However, I write separately to advance the notion that the smell of ether emanating from the apartment—regardless of the presence of the child—was enough to justify the officers’ warrantless entry and subsequent search of the premises.
This case is written up today in an AP report by Charles Wilson. Some quotes:
INDIANAPOLIS - Police had just cause to search an apartment without a warrant because it smelled like a meth lab and posed a potential danger to a child inside, the Indiana Court of Appeals ruled Thursday.

Clark Superior Court in southern Indiana had thrown out evidence seized in a search of Scott Michael Crabb's apartment, saying it violated Fourth Amendment protections against unreasonable search and seizure.

However, state attorneys successfully argued on appeal that police had too little time to obtain a search warrant because the presence of ether - a volatile chemical used in making - posed an immediate threat to those inside Crabb's apartment.

The Court of Appeals agreed in its 3-0 decision but went a step further: The judges held the search was justified because police had reason to believe the meth lab posed an immediate threat.

In a second drug decision today, this one involving heroin, the question of whether the State presented sufficient evidence to establish venue in Hamilton County. The Court of Appeals affirmed. This case is Jerry Smith v. State of Indiana.

Posted by Marcia Oddi on October 20, 2005 04:25 PM
Posted to Ind. App.Ct. Decisions