Appeal from the Perry Circuit Court, The Honorable Lucy Goffinet, Judge, and the Honorable Karen A. Werner, Magistrate. Trial Court Cause No. 62C01-1401-FD-00058.
ATTORNEYS FOR APPELLANT: Gregory F. Zoeller, Attorney General of Indiana, Brian Reitz, Deputy Attorney General, Indianapolis, Indiana.
ATTORNEY FOR APPELLEE: Mark Small, Indianapolis, Indiana.
Mathias, Judge. Crone, J., and Bradford, J., concur.
[¶1] The State of Indiana (" the State" ) appeals the trial court's order granting William Stevens's (" Stevens" ) motion to
suppress evidence obtained pursuant to his warrantless arrest. The State presents a single issue for review, namely, whether the trial court abused its discretion in concluding that law enforcement lacked probable cause to arrest Stevens after Stevens attempted to purchase pseudoephedrine at a drug store.
[¶2] We reverse and remand.
Facts and Procedural History
[¶3] On January 23, 2014, after checking the pseudoephedrine purchase logs of local drug stores, Perry County chief deputy sheriff Daymion Marsh (" Deputy Marsh" ) learned that Stevens, along with several other people, had made suspicious purchases of pseudoephedrine that had " caused a scene" of some sort the day before at Werner Drug Store in Tell City, Indiana. Tr. p. 10. Deputy Marsh performed criminal history checks on the purchasers using the Indiana Data and Communication System (" IDACS" ). The results of the check revealed that Stevens's criminal history included a Florida conviction labeled in IDACS as " Poss Meth W Intent to Sell Manufacture Deliver." Tr. Ex. Vol., Ex. 1, pp. 16-17.
[¶4] Indiana State Police Trooper Howard Lytton (" Trooper Lytton" ) also reviewed Stevens's criminal history record. Based on the information in the record, Deputy Marsh and Trooper Lytton believed it was illegal for Stevens to purchase pseudoephedrine pursuant to Indiana Code section 35-48-4-14.5(h)(1)(A), which makes it a Class D felony for a person convicted of dealing in methamphetamine to knowingly or intentionally possess pseudoephedrine.
[¶5] Deputy Marsh contacted the Perry County prosecutor's office to discuss Stevens's criminal history, his recent pseudoephedrine purchase, and Deputy Marsh's plan to arrest Stevens. While he was speaking with the prosecutor's office, Deputy Marsh learned that Stevens had arrived at Werner Drug Store again and was attempting to purchase more pseudoephedrine. Deputy Marsh went to the drug store and arrested Stevens for possession or purchase of a precursor by a methamphetamine user. Deputy Marsh did not Mirandize Stevens at the scene, even after his arrest. While still at the drug store, Deputy ...