Traylor v. State

• Decision Date: 10 November 2004
• Docket Number: No. 63A04-0309-CR-466.,63A04-0309-CR-466.
• Citation: 817 N.E.2d 611
• Parties: Jason TRAYLOR, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.
• Court: Indiana Appellate Court

817 N.E.2d 611

Jason TRAYLOR, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

No. 63A04-0309-CR-466.

Court of Appeals of Indiana.

November 10, 2004.

Katherine C. Liell, Stacy R. Uliana, Liell & McNeil, Bloomington, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Cynthia L. Ploughe, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

ROBB, Judge.

Jason Traylor was found guilty by a jury and convicted of dealing (manufacturing) in methamphetamine over three grams, a Class A felony, possession of methamphetamine over three grams, a Class C felony, and visiting a common nuisance, a Class B misdemeanor. The trial court sentenced him to forty years for the Class A felony conviction, six years for the Class C felony conviction, and 180 days for the Class B misdemeanor, sentences to be served concurrently. Traylor appeals his convictions and sentences. We affirm in part and remand.

Issues

Traylor raises six issues for our review, which we expand and restate as the following:

1. Whether the trial court properly admitted evidence of the items found on the Erlingers' property;

2. Whether Traylor was denied his right to present a defense;

3. Whether the State presented sufficient evidence to support Traylor's convictions;

4. Whether the trial court properly sentenced Traylor;

5. Whether the trial court properly imposed a drug fee against Traylor;

6. Whether the trial court properly applied Traylor's bond to satisfy his fines, costs, and fees imposed; and

7. Whether the trial court properly revoked Traylor's bond.

Facts and Procedural History

In the early morning of March 2, 2003, Pike County Sheriff's Deputy Brad Jenkins received an anonymous tip concerning a strong odor of ether near "Camp's curve" in Velpen, Indiana. Deputy Jenkins drove to the area and noticed a strong odor of ether and a slight odor of anhydrous ammonia coming from the direction of a mobile home owned by Paul and Ginnie Erlinger. Based on his training and experience, Deputy Jenkins knew that ether and anhydrous ammonia are two chemicals commonly used in the manufacturing of methamphetamine.

Deputy Jenkins called for assistance. Indiana State Police Troopers Bill Gadberry, Tim Weisenberger, and Matt Haywood, along with Petersburg Police Department Sergeant Chad McClellan, responded to Deputy Jenkins's call for assistance. Once they arrived, Deputy Jenkins and Trooper Gadberry approached the front door of the Erlingers' residence, and the other officers proceeded to the back door of the residence. As they were doing so, Ginnie Erlinger came to the front door and asked who was there. As Trooper Gadberry identified himself, one of the officers at the back door of the residence advised Deputy Jenkins that he saw an HCl generator¹ sitting on a gas grill by the back door.

Deputy Jenkins proceeded to the back door of the mobile home and saw the HCl generator. He also detected an odor of anhydrous ammonia coming from an outbuilding behind the mobile home. The officers arrested everyone present at the residence that evening, which included Traylor, Ginnie and Paul Erlinger, and Crystal Freeman. The officers subsequently obtained a search warrant for the Erlingers' property.

The State charged Traylor with dealing (manufacturing) in methamphetamine over three grams, possession of methamphetamine over three grams, possession of anhydrous ammonia with intent to manufacture methamphetamine, possession of two or more chemical agents or precursors with the intent to manufacture methamphetamine, illegal storage of anhydrous ammonia, and visiting a common nuisance. Traylor moved to suppress all evidence against him, alleging that the search was unconstitutional under both the Federal and Indiana Constitutions. After a hearing, the trial court denied Traylor's motion.

Traylor was subsequently found guilty by a jury and convicted of dealing (manufacturing) in methamphetamine over three grams as a Class A felony, possession of methamphetamine over three grams as a Class C felony, and visiting a common nuisance as a Class B misdemeanor. The trial court sentenced him to forty years for the Class A felony conviction, six years for the Class C felony conviction, and 180 days for the Class B misdemeanor conviction, all sentences to be served concurrently. Additionally, the trial court imposed a $10,000 fine and required Traylor to pay a $1,000 drug fee. This appeal ensued. Additional facts will be provided as necessary.

Discussion and Decision

I. Admission of Evidence

Traylor initially contends the trial court erred in admitting all evidence against him because the officers' warrantless entry into the Erlingers' backyard and residence violated both the Fourth Amendment to the United States Constitution and Article I, Section 11 of the Indiana Constitution. We disagree.

A. Standard of Review

The admission or exclusion of evidence is a matter within the trial court's discretion, and we will reverse only upon an abuse of that discretion. Greenboam v. State, 766 N.E.2d 1247, 1250 (Ind.Ct.App.2002), trans. denied. An abuse of that discretion occurs if a trial court's decision is clearly against the logic and effect of the facts and circumstances before the court. Joyner v. State, 678 N.E.2d 386, 390 (Ind.1997).

B. Warrantless Entry

In analyzing this issue under the Fourth Amendment, we look to whether a person has a constitutionally-protected reasonable expectation of privacy. Bennett v. State, 787 N.E.2d 938, 944 (Ind.Ct.App.2003), trans. denied (quoting Shultz v. State, 742 N.E.2d 961, 964 (Ind.Ct.App.2001), trans. denied). When police officers come onto private property to conduct an investigation or for some other legitimate purpose, and they restrict their movements to places visitors could be expected to go, such as walkways, driveways, or porches, observations made from such vantage points are not protected under the Fourth Amendment. Id.

Despite the fact that the text of Article I, Section 11 is nearly identical to the Fourth Amendment, Indiana courts interpret and apply it independently from Fourth Amendment jurisprudence. Winebrenner v. State, 790 N.E.2d 1037, 1041 (Ind.Ct.App.2003). In deciding whether a warrantless search and seizure violates Article I, Section 11, we must determine whether, under the totality of the circumstances, the warrantless search was reasonable. Scott v. State, 775 N.E.2d 1207, 1211 (Ind.Ct.App.2002), trans. denied.

In VanWinkle v. State, 764 N.E.2d 258 (Ind.Ct.App.2002),trans. denied, an officer received three phone calls reporting a strong odor of ether emanating from a resident's mobile home. On the day of the third call, another officer investigated the report by driving by the resident's mobile home. At that time, the officer noticed a strong odor of ether emanating from the mobile home. The officer suspected the resident was manufacturing methamphetamine inside the mobile home and contacted other officers to assist him in his investigation. Concerned about safety (due to the volatile chemicals used in the manufacturing of methamphetamine) and the potential destruction of evidence (since methamphetamine labs can be moved relatively quickly), officers decided to perform a "knock and talk" procedure. Two officers approached the front door of the mobile home and three officers went to the rear door of the residence. The rear door consisted of a rough, wood-framed windbreak and entry area that was built onto the mobile home. Id. at 260-61.

On the front porch, officers observed a propane tank with an altered valve, which they believed contained anhydrous ammonia. They knocked on the front door and identified themselves. At that time, the resident attempted to run out the rear door of the trailer, but he was stopped and handcuffed by the officers at the rear door. While handcuffing the resident, an officer observed through the open rear door a jar with a liquid substance in it. After determining that other individuals were in the residence, officers entered to conduct a protective sweep. They eventually obtained a search warrant and searched the mobile home. Id. at 261-63.

The resident moved to suppress all evidence against him, alleging that the entry onto his property violated the Fourth Amendment and Indiana Constitution Article I, Section 11. We disagreed and upheld the officers' entry onto his property under both the Fourth Amendment and Article I, Section 11 because the officers were there for a legitimate reason: to conduct an investigation. Id. at 264. Additionally, the officers, in approaching the residence's front and rear doors, stayed in places where visitors to the mobile home would be expected to go. Id.

The facts in the case at hand are identical to the facts in VanWinkle. Deputy Jenkins received from dispatch a report by an anonymous caller of a strong odor of ether in the vicinity of the Erlingers' mobile home. After driving by the area and noticing not only a strong odor of ether but also a slight odor of anhydrous ammonia, Deputy Jenkins called for assistance and waited for other officers to arrive. Deputy Jenkins and the other officers decided to perform a "knock and talk" procedure due to their concern for others' safety and for the potential destruction of evidence. The officers approached both the front and rear doors of the residence. While at the rear door, officers observed in open view the HCl generator. At that point, the officers arrested everyone at the Erlingers' residence and obtained a search warrant.

Similar to the officers in VanWinkle, the officers in this case entered onto the Erlingers' property for a legitimate reason: to conduct an investigation of the odor of ether and anhydrous ammonia emanating from their residence. In approaching the mobile home's front and rear doors, the officers stayed in places where visitors would be expected to go. Therefore, the officers' entry onto the Erlingers' property and...