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State v. Terrell

Court of Appeals of Indiana

July 10, 2015

State of Indiana, Appellant-Plaintiff,
v.
Braeden Terrell, Appellee-Defendant

Appeal from the Morgan Circuit Court. The Honorable Matthew G. Hanson, Judge. Case No. 55C01-1410-CM-1502.

ATTORNEYS FOR APPELLANT: Gregory F. Zoeller, Attorney General of Indiana; Ian McLean Deputy Attorney General, Indianapolis, Indiana.

ATTORNEY FOR APPELLEE: Glen E. Koch II, Boren Oliver & Coffey, LLP, Martinsville, Indiana.

OPINION

Page 502

Crone, Judge.

Case Summary

[¶1] 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.

[¶2] 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.

[¶3] 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.

Facts and Procedural History

[¶4] In August 2014, Terrell was convicted in Hendricks County of class A misdemeanor operating a vehicle while intoxicated with endangerment and placed on probation. On August 12, Terrell signed an order with the following probation conditions:

Page 503

7. You shall not leave the State of Indiana and agree to waive extradition to the State of Indiana and to appear before the Court when so ordered by the Court.
....
9. You shall permit the Probation Officer and any Law Enforcement Officer assisting the Probation Officer to enter your residence and to ask reasonable questions about your activities. You shall sign a waiver to the search of your person or property when requested by the Probation Officer.
10. You shall not consume, or possess on your person or in your residence, any controlled substance (illegal drug) or drug paraphernalia, except as prescribed to you by a licensed physician. You shall submit to alcohol and drug tests when requested ...

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