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State v. Harper

Court of Appeals of Indiana

October 30, 2019

State of Indiana, Appellant/Cross Appellee-Plaintiff,
v.
Tyree L. Harper, Appellee/Cross Appellant-Defendant.

          Appeal from the Marion Superior Court Trial Court Cause No. 49G20-1606-F2-25117 The Honorable Shatrese Flowers, Judge

          Attorneys for Appellant/Cross Appellee Curtis T. Hill, Jr. Attorney General of Indiana Monika Prekopa Talbot Supervising Deputy Attorney General Indianapolis, Indiana

          Attorney for Appellee/Cross Appellant Stephen Gerald Gray Indianapolis, Indiana

          Pyle, Judge.

         Statement of the Case

         [¶1] The State of Indiana appeals the trial court's grant of Tyree Harper's ("Harper") motion to suppress. On cross-appeal, Harper asserts that the trial court erred by denying his motion to discharge pursuant to Indiana Criminal Rule 4(C). Concluding that the trial court erred by granting Harper's motion to suppress, we reverse and remand for further proceedings. In addition, we affirm the trial court's denial of Harper's motion to discharge.

         [¶2] We affirm in part, reverse in part, and remand for further proceedings.

         Issues

1. Whether the trial court erred by granting Harper's motion to suppress.
2. Whether the trial court erred by denying Harper's motion to discharge under Criminal Rule 4(C).

         Facts

         [¶3] In September 2015, Harper was placed on parole following a conviction for possession of a firearm by a serious violent felon, and he signed a Conditional Parole Release Agreement ("parole agreement"). Under paragraph 9, titled, "HOME VISITATION AND SEARCH," the parole agreement provided that:

I understand that I am legally in the custody of the Department of Correction and that my person and residence or property under my control may be subjected to reasonable search by my supervising officer, or authorized official of the Department of Correction if the officer or official has reasonable cause to believe the parolee is violating or is in imminent danger of violating a condition to remaining on parole.

(State's Ex. 4). The parole agreement also provided that the use, possession, or trafficking illegally of a controlled substance and out-of-state travel without permission were parole violations.

         [¶4] On June 16, 2016, Harper's parole officer, Josh Jellison ("Parole Officer Jellison"), received information from an anonymous source that Harper was traveling to New York and dealing narcotics in Indianapolis. The complaining party also stated that Harper had rented a storage unit on Mitthoeffer Road. Four days later, Parole Officer Jellison called Harper in for a parole meeting and administered a drug test wherein Harper tested positive for cocaine. During this meeting, Harper also admitted to traveling to New York without permission. Harper's positive drug test and admission to traveling out of the state were both violations of parole. Harper was arrested for the violations and taken into custody at the parole office.

         [¶5] Parole Officer Jellison and Harper then went to Harper's home, and Parole Officer Jellison conducted a warrantless search. During the search, Parole Officer Jellison located a receipt, which was in Harper's name, for a storage unit at 2425 North Mitthoeffer Road. Parole Officer Jellison went to the storage unit with Harper and unlocked the unit with one of Harper's keys. Inside the storage unit, in plain view, Parole Officer Jellison observed a black handgun and a large, clear Ziploc bag containing a block of white ...


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