Aaron Smith v. State of Indiana (mem. dec.), 49A02-1611-CR-2465

On June 6, 2014, police found Louis Myers dead in a car from multiple gunshot wounds; a trail of blood led away from the vehicle.
Minutes later Smith arrived at a nearby hospital with a gunshot wound, gave a false name and evasive information, and was identified by fingerprinting.
Officers obtained a warrant for Smith’s clothing, money, and cell phone during his hospitalization; seized items later showed Smith’s blood in Myers’ vehicle and mixed Smith/Myers blood on seized bills.
Smith was charged with Murder, Felony Murder, and unlawful handgun possession; acquitted of Murder but convicted of Felony Murder and sentenced to 60 years.
On appeal Smith challenged (1) the probable-cause basis for the hospital search warrant and (2) the admission of two texts from an unknown sender as co-conspirator statements.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the search warrant for Smith’s clothing, money, and phone was supported by probable cause	Warrant supported: close temporal proximity, blood trail at scene, Smith’s hospital arrival with a gunshot wound, and his evasiveness created fair probability evidence would be found	No adequate nexus between Myers’ homicide and Smith’s hospital admission; affidavit didn’t show probable cause to search Smith’s effects	Warrant was supported by probable cause; magistrate reasonably could infer evidence would be found whether Smith was victim or participant
Whether two text messages from “Lil Black” were admissible as non-hearsay co-conspirator statements	Texts admissible: call/text patterns and timing supported an inference of concerted action between Smith and “Lil Black”	Texts were hearsay; State failed to independently prove a conspiracy existed or that texts were in furtherance of it	Admission of texts was erroneous under Rule 801(d)(2)(E) because the State failed to prove independent evidence of a conspiracy, but error was harmless given overwhelming independent evidence of guilt

Bradley v. State, 4 N.E.3d 831 (Ind. Ct. App. 2014) (probable cause standard and warrant review principles)
Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (totality-of-the-circumstances test for probable cause)
State v. Spillers, 847 N.E.2d 949 (Ind. 2006) (deference and substantial-basis review of magistrate probable-cause determinations)
Jellison v. State, 656 N.E.2d 532 (Ind. Ct. App. 1995) (probable cause requires fair probability, not proof beyond a reasonable doubt)
Lander v. State, 762 N.E.2d 1208 (Ind. 2002) (State must present independent evidence of a conspiracy before admitting co-conspirator statements)
Lott v. State, 690 N.E.2d 204 (Ind. 1997) (foundation required for co-conspirator exception to hearsay)