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Tuesday, February 14, 2006
Ind. Courts - Court of Appeals decides two today
In Larry Benford, Sr. v. Jon Marvel, et al., Chief Judge Kirsch concludes:
The record before us does not indicate that the October 2004 allegations of dealing pending against Benford have been resolved. Accordingly, the time within which the Board must provide Benford a probation revocation hearing has not expired, he is not entitled to immediate release, and the trial court properly denied his petition for writ of habeas corpus.In Jacob Scott Love v. State of Indiana, Chief Judge Kirsch writes:
On appeal, we address the following restated issues: I. Whether an anonymous tip that Love committed a specific robbery coupled with an eyewitness report that a person matching the robber’s description walked in the general direction of Love’s home shortly after the robbery constituted reasonable, articulable, individualized suspicion that justified the seizure and search of Love’s trash. II. Whether two burnt candle holders, a powdery substance that field-tested positive for cocaine, and three used hypodermic needles in the Love family’s trash established probable cause to justify the issuance of a search warrant authorizing the search of Love’s home. We affirm. * * *Here, the trial court did not err in finding that a substantial basis existed to conclude that probable cause was present. The trash that the officers legally retrieved from Love’s household contained both drug paraphernalia and evidence of cocaine. Given the presence of cocaine, and the fact that the possession of cocaine itself is a crime,4 we conclude that the warrant was based upon probable cause, and the evidence discovered during the execution of the warrant was admissible. See Edwards, 832 N.E.2d at 1080 (marijuana seeds found in defendant’s trash, which were relied upon to provide probable cause for warrant, constituted sufficient probable cause because possession of seeds itself was a crime).
Posted by Marcia Oddi on February 14, 2006 10:35 AM
Posted to Ind. App.Ct. Decisions