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Friday, July 10, 2015

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 3 NFP memorandum decisions)

For publication opinions today (1):

In State of Indiana v. Braeden Terrell, an 11-page opinion, Judge Crone writes:

Braeden Terrell was placed on probation and was ordered not to possess or consume alcoholic beverages and not to possess firearms as conditions of his probation. As another condition of his probation, he waived “any and all” of his search and seizure rights under state and federal law and agreed to submit to reasonable searches of his property or residence at any time by a probation officer. State’s Ex. 2. During a home visit, a probation officer found alcoholic beverages in Terrell’s kitchen and searched his nightstand for firearms and found marijuana and paraphernalia.

The State charged Terrell with class B misdemeanor marijuana possession and class A misdemeanor paraphernalia possession. Terrell filed a motion to suppress the contraband, arguing that the search of the nightstand was unconstitutional under the Fourth Amendment of the U.S. Constitution and Article 1, Section 11 of the Indiana Constitution. The trial court granted the motion, finding that the search of the nightstand “went well beyond the scope of the reasonable searches up to that point.” Appellant’s App. at 15.

The State appeals, claiming that the trial court erred in granting Terrell’s motion to suppress. We agree. With respect to the Fourth Amendment, Terrell waived his search and seizure rights and agreed to submit to searches of his property and residence, and the search of the nightstand for firearms was not unreasonable. And as for Article 1, Section 11, the search was reasonable under the totality of the circumstances. Therefore, we reverse and remand.

NFP civil decisions today (2):

Rose A. Martiradonna f/k/a Rose A. Rynberk v. Gilbert W. Rynberk (mem. dec.)

Wernle Youth & Family Treatment Center, Inc. v. Review board of the Indiana Department of Workforce Development and C.B. (mem. dec.)

NFP criminal decisions today (1):

Derek Lee Morris v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on July 10, 2015 11:05 AM
Posted to Ind. App.Ct. Decisions