Hayworth v. State
| Decision Date | 20 April 2009 |
| Docket Number | No. 07A01-0804-CR-197.,07A01-0804-CR-197. |
| Citation | 904 N.E.2d 684 |
| Parties | Brandi HAYWORTH, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff. |
| Court | Indiana Appellate Court |
David C. Grupenhoff, Thomas M. Barr & Associates, Nashville, IN, Attorney for Appellant.
Gregory F. Zoeller, Attorney General of Indiana, J.T. Whitehead, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.
A Brown County Deputy Sheriff prepared an affidavit for a search warrant of Brandi Hayworth's house from which a reasonable person could infer that an informant (identified only to the police) had personally observed Hayworth, within the past seventy-two hours, manufacture, possess, and use methamphetamine. A search warrant was issued, and guns, methamphetamine, and numerous items associated with the manufacture of methamphetamine were found. Although it later came out at a suppression hearing that the informant had not, in fact, told the officer that he or she had seen these things, the trial court still denied Hayworth's motion to suppress, finding that the totality of the circumstances corroborated the informant's statements. At trial, Hayworth's attorney attempted to lodge a continuing objection to the evidence seized pursuant to the search warrant. However, after asking for a continuing objection, Hayworth affirmatively said "No objection" to the vast majority of the evidence. We take the opportunity here to clarify that once counsel lodges a sufficiently specific objection to a particular class of evidence and the trial court grants a continuing objection, the proper procedure is to remain silent during the subsequent admission of that class of evidence. We therefore find that Hayworth has waived her objection to the evidence seized during the search warrant for which she affirmatively stated "No objection."
Nevertheless, because Hayworth has invoked the fundamental error doctrine, we reach the merits and determine that the totality of the circumstances does not corroborate the informant's statements because the police did not corroborate any illegal activity on Hayworth's part and only confirmed information that was readily available to the general public, such as her address. In addition, although from the probable cause affidavit the informant appears to have observed the criminal activity firsthand, the police officer's testimony at the suppression hearing defeats this inference. Probable cause therefore did not exist for the issuance of the search warrant.
Although the State argues that the good faith exception applies, we rely on the United States Supreme Court's recent decision in Herring v. United States, ___ U.S. ___, 129 S.Ct. 695, 172 L.Ed.2d 496 (2009), and find that the evidence seized pursuant to the search warrant must be suppressed. The police officer's conduct in including the misleading information in the affidavit amounts to deliberate, reckless, or grossly negligent conduct, the conduct is sufficiently deliberate that exclusion of the evidence will meaningfully deter the misconduct, and the conduct is sufficiently culpable that such deterrence is worth the price paid by our justice system. Finding that the error amounts to fundamental error, we reverse Hayworth's convictions for Class B felony dealing in methamphetamine and Class D felony possession of methamphetamine and remand this case to the trial court.
On October 24, 2005, Detective Scott Southerland of the Brown County Sheriff's Department filed an affidavit seeking a search warrant for the residence of Josh Thompson and Brandi Hayworth at 8634 Spearsville Road in Brown County, Indiana. The affidavit provides in pertinent part:
I, Deputy Sheriff Scott Southerland, am a Detective with the Brown County Sheriff's Office. In June, 2005 your affiant received information from two independent sources, both of which stated that Josh Thompson was manufacturing methamphetamine at his home on Spearsville Road. One of these sources has provided information in the past that was found to be credible and truthful. The information from both sources was stale and lacked specific details so I did not apply for a search warrant, though I had no reason to doubt the accuracy.
On Sunday, October 23, 2005 I received information that came from a person who provided their name, date of birth, and the telephone number to their parent's home. This person said he/she was at the Josh Thompson/Brandy Hayworth home within the past 72 hours. This person asked to remain anonymous out of fear of retaliation from the suspects in this case. I have no reason to believe the person has an ulterior motive to fabricate a report. This person has not been given or promised anything as an inducement to give information and is not giving information to avoid any kind of legal trouble. This person is a cooperative citizen informant as discussed in Soliz v. State, 832 N.E.2d 1022 (Ind.Ct. App.2005) and Richard v. State, 820 N.E.2d 749 (Ind.Ct.App.2005).
This person said they wanted to turn in an active meth lab on Spearsville Road. The location was described as a mobile home that could not be seen from the road. The person said power to the mobile home was being supplied by a generator, and there is usually a yellow Chevrolet truck parked in front. The person said there was a black mailbox at the end of the drive, and the mailbox did not have any numbers on it.
This person said Brandy Hayworth and Josh, last name unknown, lived in this mobile home and made methamphetamine there almost every day. This person said there were sometimes children present, and the couple was selling the finished drug to other people.
This person said Brandy and Josh sometimes bury items associated with manufacturing methamphetamine outside the home. They are using a generator to provide electricity to the home.
This person said there were empty batteries in the fire pit behind the trailer, filters with residue inside the trailer, and garbage bags in the back of the yellow Chevrolet pickup truck with stuff in it. There are light bulbs used for smoking it inside, and meth could be found in the woman's purse and/or in the back bedroom to the left, past the kitchen. They make it in the bathroom. They have tubes and corks that they use there, and they burn the residue from the lab in the fire pit out back.
* * * * * *
On 02/22/2005 charges were filed on Joshua D. Thompson for a traffic infraction. Thompson's address at that time was 8634 Spearsville Road, Brown County, Indiana.
Court records for a civil case in Monroe Circuit Court list Brandi Hayworth as the defendant at 8634 Spearsville Road, Brown County, Indiana.
On Friday, October 21, 2005 Deputy Sheriff Brad Stogsdill served an order to appear for a civil case on Joshua Thompson at 8634 Spearsville Road, Brown County, Indiana. Deputy Stogsdill said this residence is a mobile home. He said there was a generator running outside the home, with a cord from the generator going into the home through a window. He also said there was a yellow truck parked outside. Nobody answered his knock at the door and the order to appear was left on the door. Deputy Stogsdill said he has served Joshua Thompson with civil papers at this address in the past.
On the morning of October 24, a magistrate issued a search warrant for 8634 Spearsville Road for the purpose of searching and seizing "Methamphetamine, chemicals and/or precursors used to manufacture methamphetamine, paraphernalia and/or equipment used to manufacture or ingest methamphetamine, and indicia of occupancy." Appellant's App. p. 28. Around 2:00 p.m. that day, Detective Southerland and Indiana State Police officers executed the search warrant and seized guns, methamphetamine, and numerous items associated with the manufacture of methamphetamine.
On the following day, October 25, 2005, the State charged Hayworth with Class B felony dealing in methamphetamine,1 Class D felony possession of methamphetamine,2 and Class C felony possession of anhydrous ammonia or ammonia solution with the intent to manufacture methamphetamine while in possession of a firearm.3
In October 2007, Hayworth filed a motion to suppress all evidence seized during the execution of the search warrant. She argued that Detective Southerland's affidavit did not "provide probable cause sufficient to support the issuance of a valid search warrant" and, therefore, the search of the premises violated both the United States and Indiana Constitutions. Appellant's App. p. 53. At the January 2008 suppression hearing, Hayworth's attorney questioned Detective Southerland, and he admitted that the informant had not seen any methamphetamine at the Spearsville Road property, had not seen Josh or Hayworth manufacture methamphetamine on the property, and had not seen Josh or Hayworth use methamphetamine. The exact exchange is reproduced below:
Q Officer, I'm gonna refer back to some testimony that occurred [during] the Motion to Suppress that was filed in the Josh Thompson case. At one point, in that testimony, you were asked the following question, isn't it true that the informant didn't actually tell you that he or she had seen any methamphetamine on the property? Can you answer that question? Did the informant tell you that they had seen methamphetamine on the property?
A No. They had not.
Q Okay. There was another question, isn't it also true that the informant never told you that he or she had ever seen Josh or Brandi manufacturing methamphetamine on the property? Had the informant ever told you that they had seen Josh or Brandi manufacturing methamphetamine?
A No.
Q There's one, third question. I'll just—I'll rephrase it. Did the informant tell you whether they had ever seen Brandi or Josh use methamphetamine? I can show you your answer, if it helps.
A No.
Q Okay.
A I'm just trying to remember the—I don't think so, but I don't remember.
Tr. p....
To continue reading
Request your trial
-
McGrath v. State
...... there is a fair probability that contraband or evidence of a crime will be found in a particular place.’ " Hayworth v. State , 904 N.E.2d 684, 694 (Ind. Ct. App. 2009) (citing State v. Spillers , 847 N.E.2d 949, 952-53 (Ind. 2006), quoting Illinois v. Gates , 462 U.S. 213, 238, 103 S.Ct......
-
Scott v. State Of Ind., 79A05-0812-CR-746.
...ruled admissible at a suppression hearing is waived when counsel states “no objection” to such evidence at trial. Hayworth v. State, 904 N.E.2d 684, 693-94 (Ind.Ct.App.2009). Our examination of the trial transcript discloses that Scott's trial counsel did not make a continuing objection to ......
-
Brown v. State
...at trial but argues he preserved the issue for appeal by referring the trial court to his motion to suppress. In Hayworth v. State, 904 N.E.2d 684 (Ind.Ct.App.2009), we concluded a defendant waived his challenges to the admissibility of evidence when the defendant's counsel, having attempte......
-
Caruthers v. State
...harm or potential for harm is substantial, and the resulting error denies the defendant fundamental due process." Hayworth v. State, 904 N.E.2d 684, 694 (Ind.Ct.App.2009) (quoting McQueen, 862 N.E.2d at The right to trial before an impartial fact-finder is the cornerstone of our justice sys......