Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

McElroy v. State

Court of Appeals of Indiana

September 25, 2019

Kurt McElroy, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

          Appeal from the Marion Superior Court Trial Court Cause No. 49G06-1711-F4-43515 The Honorable Mark D. Stoner, Judge, The Honorable Jeffrey L. Marchal, Magistrate

          Attorney for Appellant Deborah Markisohn Marion County Public Defender Agency Indianapolis, Indiana

          Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Chandra K. Hein Deputy Attorney General Indianapolis, Indiana

          Barteau, Senior Judge.

         Statement of the Case

         [¶1] Kurt McElroy brings this interlocutory appeal from the trial court's denial of his motion to suppress. We affirm.

         Issue

         [¶2] McElroy presents one issue for our review, which we restate as whether the search of his home violated his federal and state constitutional rights.

         Facts and Procedural History

         [¶3] Demarqus Whitley, McElroy's step-son, was placed on home detention through Marion County Community Corrections (MCCC) in October 2017. Several of the community corrections program conditions to which Demarqus agreed provide:

If you do not own, rent or lease the residence in which you reside, you must advise the owner(s) of the residence of the conditions of Electronic Monitoring.
You must not possess alcohol or non-prescribed drugs on your person, in your residence or in your property at any time. The residence in which you are residing must be alcohol and non-prescribed drug-free as well. If other residents fail to comply, you will be required to move.
You waive your right against search and seizure, and shall permit MCCC staff, or any law enforcement officer acting on a [sic] MCCC's behalf, to search your person, residence, motor vehicle, or any location where your personal property may be found, to insure compliance with the requirements of community corrections.
You must not use, purchase or possess weapons, firearms, or ammunition. Any weapons, firearms, or ammunition found in the residence where you reside will be confiscated and will result in the immediate filing of a Notice of Violation with the Court.
There are to be no weapons in the residence regardless if any residents have a valid weapon permit.

Ex. Vol., State's Ex. 1, p. 4. While Demarqus was participating in the program, he resided at the home of his mother, Tamika Whitley, and her husband, McElroy. The living arrangements were such that Demarqus slept on the couch in the living room, kept his belongings next to the couch and in a closet in the living room, and used the downstairs bathroom.

         [¶4] On November 7, 2017, Jill Jones, law enforcement liaison with MCCC, and several police officers conducted a home visit to ensure Demarqus' compliance with his home detention conditions. At the door of the residence, Jones explained to McElroy and Demarqus that she was there to perform a home visit. Immediately upon entering the residence, Jones and the officers smelled the odor of burnt marijuana. The officers then began to perform a routine sweep of the house for safety. While performing ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.