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Johnson v. State

Court of Appeals of Indiana

May 20, 2015

Tiras D. Johnson, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

Appeal from the Madison Circuit Court. The Honorable David A. Happe, Judge. Cause Nos. 48C04-0911-FC-667, 48C04-1201-FD-164.

ATTORNEY FOR APPELLANT: Anthony C. Lawrence, Anderson, Indiana.

ATTORNEYS FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana; Cynthia L. Ploughe, Katherine Modesitt Cooper, Deputies Attorney General, Indianapolis, Indiana.

Mathias, Judge. Barnes, J., and Crone, J., concur.

OPINION

Page 1174

Mathias, Judge.

[¶1] Tiras Johnson (" Johnson" ) appeals the Madison Circuit Court's revocation of his probation and argues that the trial court abused its discretion when it denied his motion to suppress evidence seized during a warrantless search of his friend's residence.

[¶2] We affirm.

Facts and Procedural History

[¶3] In December 2012, Johnson pleaded guilty in Madison Circuit Court to Class D felony assisting a criminal under Cause Number 48C04-0911-FC-667. Johnson was ordered to serve a twenty-four month sentence, with twelve months served on in-home detention and twelve months on probation. Johnson also pleaded guilty in Madison Circuit Court to Class D felony possession of marijuana and Class A misdemeanor possession of paraphernalia under Cause Number 48C04-1201-FD-164. Johnson was ordered to serve an aggregate twenty-four month sentence, which was entirely suspended to probation. However, Johnson was ordered to serve that sentence consecutive to the sentence imposed under Cause Number 48C04-0911-FC-667.

Page 1175

[¶4] On February 26, 2014, after Johnson had completed twelve months of home detention, but while still on probation, the State filed a notice alleging that Johnson had violated his probation. The notice was filed under both cause numbers. The notice alleged that Johnson had violated probation by possessing and dealing in marijuana.

[¶5] Specifically, on February 19, 2014, Anderson Police Department Officers Chad Boynton and Chris Frazier, who had received reports of possible drug activity occurring at a duplex on Main Street in Anderson, Indiana, were conducting surveillance of the duplex when they decided to approach the duplex and knock on the door. Officer Boynton heard a man's voice inside the residence, and Johnson answered the door. The officer immediately smelled the odor of burnt marijuana at the open door of the residence.

[¶6] Johnson spoke to the officer and stated that he did not live at the residence but that it belonged to Brittany Brooks,[1] who was at school. Officer Boynton asked to come inside the residence, and Johnson refused, but stepped outside to speak with the officers. Johnson was then handcuffed and read his Miranda rights. The officer explained that he wanted to investigate the odor of marijuana, and Johnson replied that he had not smoked marijuana, but that he had been smoking spice. Based ...


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