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State v. Ripperdan

Court of Appeals of Indiana

February 18, 2014

STATE OF INDIANA, Appellant-Plaintiff,
v.
JEREMY RIPPERDAN, Appellee-Defendant

Editorial Note:

These opinions are not precedents and cannot be cited or relied upon unless used when establishing res judicata or collateral estoppel or in actions between the same party. Indiana Rules of Appellate Procedure 65(D).

APPEAL FROM THE HARRISON SUPERIOR COURT. The Honorable Roger D. Davis, Judge. Cause No. 31D01-1108-FB-689.

ATTORNEYS FOR APPELLANT: GREGORY F. ZOELLER, Attorney General of Indiana, BRIAN REITZ, Deputy Attorney General, Indianapolis, Indiana.

ATTORNEY FOR APPELLEE: DAVID E. MOSLEY, Mosley, Bertrand, Jacobs & McCall, Jeffersonville, Indiana.

BAILEY, Judge. FRIEDLANDER, J., and KIRSCH, J., concur.

OPINION

MEMORANDUM DECISION - NOT FOR PUBLICATION

BAILEY, Judge.

Case Summary

Police obtained and served a search warrant for real property from which, the State alleged, Jeremy Ripperdan ("Ripperdan") had twice sold methamphetamine. As a result of items recovered during the search, Ripperdan was charged with Dealing in Methamphetamine, as a Class B felony;[1] Possession of Methamphetamine, as a Class D felony;[2] Maintaining a Common Nuisance, as a Class D felony;[3] Possession of a Hypodermic Needle, as a Class D felony;[4]Possession of Chemical Reagents or Precursors, as a Class D felony;[5] Possession of Paraphernalia, as a Class A misdemeanor;[6] and Possession of Marijuana, as a Class A misdemeanor.[7]

Ripperdan moved to suppress the results of the search; the trial court granted the motion. The State now appeals.

We reverse and remand.

Issue

The State raises two issues for our review. We find one dispositive: whether there was sufficient evidence of a nexus between Ripperdan's alleged sale of methamphetamine and the subject real estate to give rise to probable ...


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