from the Marion Superior Court Trial Court Cause No.
49G20-1408-F3-41089 The Honorable Shatrese M. Flowers, Judge
The Honorable Peggy Ryan Hart, Magistrate
ATTORNEYS FOR APPELLANT James H. Voyles, Jr. Tyler D. Helmond
ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General
of Indiana Tyler G. Banks Deputy Attorney General
Christopher Darring brings this interlocutory appeal of the
trial court's denial of his motion to suppress evidence
obtained as the result of a search of his home. Specifically,
he contends that the probable cause affidavit used to secure
the search warrant contained false information and material
omissions in reckless disregard for the truth.
& Procedural History
After 2:00 in the morning on August 22, 2014, Officer Dwayne
May of the Indianapolis Metropolitan Police Department (IMPD)
was dispatched to 3132 W. 61st Street. He was
responding to Darring's 911 call indicating that another
man - later identified as Jason Holland, his next-door
neighbor - was drunk and trying to start an altercation with
Darring. Officer May spoke with both men briefly and learned
that the argument was about money. Before leaving, he
instructed them to stop acting like children, work it out,
and sober up.
Around the same time the next morning, Holland called 911 to
report that Darring had shot him. Officer May was again
dispatched to the scene. He parked along the road between the
two properties and immediately smelled the odor of burnt
marijuana after getting out of his vehicle. Officer May first
spoke with Holland, who was intoxicated and had an injury to
his leg. Officer May did not smell marijuana on Holland's
After speaking with Holland, Officer May walked up the
driveway toward Darring's house. Darring came out the
front door and met Officer May in the driveway about twenty
feet from the door. Officer May could smell the odor of raw
marijuana, which he believed was coming from the house. He
also smelled the odor of burnt marijuana on Darring's
person as they spoke. Darring admitted shooting at the
pavement to get Holland to leave his property. Officer May
then asked Darring for identification and the two walked onto
the front porch. Darring opened the storm door and then
slightly opened the main door before closing it and telling
Officer May that he did not want him to come inside. At that
time, Officer May smelled the odor of marijuana coming from
inside the house. Officer May then placed Darring under
arrest for criminal recklessness for the shooting incident.
Additional IMPD officers arrived at the scene to assist.
Several noticed the strong odor of raw marijuana near the
house. Each time the exhaust fan on top of the house kicked
on, the marijuana smell became stronger outside.
Additionally, two potted marijuana plants were located
directly behind Darring's shed and marijuana pieces -
referred to as shake - were discovered along the fence line
between the Darring's and Holland's properties.
Darring had several surveillance cameras around the outside
of his house, one of which Officer May took down at some
Officer May called for a narcotics detective because he
believed Darring had a grow operation inside the house. IMPD
Sergeant Stephan Crooke arrived on the scene around 4:30 a.m.
and spoke with Officer May and then Holland. Holland told
Sergeant Crooke about the incident and then informed him that
he had been in Darring's house the prior week and
observed thirty pounds of marijuana. Holland indicated that
he had been in Darring's house several times and had
smoked marijuana with Darring inside the house before.
Darring, who was handcuffed outside, refused to speak with
Sergeant Crooke. Sergeant Crooke then knocked on the front
door and walked around the house. In addition to smelling a
strong odor of raw marijuana near the shed and fence line,
Sergeant Crooke could smell it coming from inside the house.
Based on his training and experience Sergeant Crooke felt
confident that there was "probably a grow in there
possibly, or a large amount" of raw marijuana inside.
Transcript Vol. III at 44.
After gathering information from the scene, Sergeant Crooke
returned to his office to prepare a probable cause affidavit
for a search warrant. The affidavit written by Crooke read,
in relevant part, as follows:
On 8/23/2014 at approximately 2:12 AM, Officer D. May and
Officer S Greene received a run to a person shot at 3132 W
61stSt. When Officer May arrived he spoke with the
victim, a Jason Holland. Holland stated that his neighbor,
Chris Darring, had shot at him with a semi automatic handgun
while the two were in the yard between their residences.
Chris Darring ...