Michael Carpenter v. State of Indiana
974 N.E.2d 569
Ind. Ct. App.2012Background
- Carpenter lived with Frank and Emily Price at 11458 North 525 West, North Manchester, in Feb 2011.
- Deputies sought to serve arrest warrants, including for Austin Howard, with Howard’s last known address listed as 525 West State Road 15, North Manchester.
- Officer Jones advised that Howard had lived at the Price residence previously; deputies believed Howard might be home at the early morning hour.
- Deputies observed activity at the residence; one deputy saw activity in a bathroom and Carpenter disposed of substances into a toilet.
- Following observations, officers obtained a search warrant and later found Carpenter, Crum, Small, and the Prices; Carpenter was charged with conspiracy to deal methamphetamine and maintaining a common nuisance.
- Carpenter moved to suppress the initial search; the trial court preserved the issue for appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers had reasonable belief Howard was present to arrest | Carpenter argues no residence presence or visit support. | State contends warrant plus circumstances showed presence. | Reasonable belief that Howard was present at residence supported entry. |
| Whether entering curtilage and looking through bathroom window violated Fourth Amendment | Carpenter contends curtilage entry was unlawful. | State argues arrest warrant permits limited entry and observation of plain view. | No Fourth Amendment violation; minimal intrusion within curtilage. |
| Indiana Constitution Article I, Section 11 analysis | Carpenter asserts violation under state constitution. | State contends no violation and notes waiver by Carpenter for lack of argument. | Waived, and in any event no violation under Article I, Section 11. |
Key Cases Cited
- Duran v. State, 930 N.E.2d 10 (Ind. 2010) (reasonableness of residence presence during arrest warrants; belief can be less than probable cause)
- Payton v. New York, 445 U.S. 573 (1980) (arrest in home requires warrant with reason to believe suspect inside)
- Holder v. State, 847 N.E.2d 930 (Ind. 2006) (curtilage protections in Indiana; distinguish from unlawful entry cases)
- Litchfield v. State, 824 N.E.2d 356 (Ind. 2005) (Indiana balancing factors for Article I, Section 11 reasonableness)
- Trimble v. State, 842 N.E.2d 798 (Ind. 2006) (state constitutional analysis mirrors totality of circumstances approach)