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
of the Case
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.
We affirm in part, reverse in part, and remand for further
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).
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
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
(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
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.
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