Robert D. Rivard v. State of Indiana (mem. dec.), 19A-CR-1122

Rivard pleaded guilty in 2016 to Level 2 felony dealing in methamphetamine and agreed in his plea that, if placed on probation, his Fourth Amendment rights could be waived to allow warrantless, suspicionless searches of his person, vehicle, and residence.
In November 2017 the court suspended the remainder of his sentence and placed Rivard on probation; he signed written probation conditions that explicitly required "reasonable suspicion" before a search.
In August 2018 police investigating local marijuana distribution received a tip from Vivian Frazier that Rivard was selling marijuana and showed officers text messages corroborating negotiations with Rivard.
Detectives verified Rivard’s Fourth Amendment waiver with his probation officer, located and stopped Rivard for speeding, brought him to his residence, and told him they would search the house; Rivard then volunteered that there was marijuana inside.
Officers searched and seized 203.7 grams of marijuana, a handgun, and paraphernalia. The State filed a probation revocation petition; at the revocation hearing Rivard objected that the search lacked reasonable suspicion and the evidence was improperly admitted.
The trial court admitted the seized evidence, found a probation violation by a preponderance, revoked probation and executed eight years of the previously suspended sentence. Rivard appealed.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Rivard)	Held
Whether evidence from the warrantless search of Rivard’s residence was admissible at a probation revocation hearing	The plea waiver (and probation status) permits admission; in any event officers had reasonable suspicion based on an informant tip and Rivard’s volunteered admission	The search violated the Fourth Amendment and the probation condition requiring reasonable suspicion; evidence should be excluded	Court affirmed admission: reasonable suspicion existed (informant tip corroborated by texts and Rivard’s volunteered admission), so search lawful for revocation purposes

Cox v. State, 706 N.E.2d 547 (Ind. 1999) (probation revocation hearings allow relaxed evidentiary rules and probationers have reduced constitutional protections)
State v. Vanderkolk, 32 N.E.3d 775 (Ind. 2015) (clear, unambiguous waivers may permit warrantless, suspicionless searches of probationers)
Jarman v. State, 114 N.E.3d 911 (Ind. Ct. App. 2018) (waiver permitting warrantless/probable-cause-free searches does not necessarily eliminate the reasonable-suspicion requirement)
Henderson v. State, 544 N.E.2d 507 (Ind. 1989) (illegally seized evidence is excluded at revocation only where seizure was part of police harassment or particularly offensive conduct)
Marshall v. State, 117 N.E.3d 1254 (Ind. 2019) (reasonable suspicion requires particularized, objective basis under the totality of circumstances)
Robinson v. State, 888 N.E.2d 1267 (Ind. Ct. App. 2008) (face-to-face informant statements against penal interest carry enhanced reliability)
Carter v. State, 634 N.E.2d 830 (Ind. Ct. App. 1994) (a defendant’s volunteered admissions to police are admissible and can supply reasonable suspicion)
Carpenter v. State, 18 N.E.3d 998 (Ind. 2014) (Indiana constitutional protection against searches focuses on reasonableness of police conduct)