There is no assigned reading for this class. However, there are certain things that you might want to review that will aid you during trial. On my website, there are two pages of note (1) common criminal offenses and (2) common legal issues.
For the first, common criminal offenses, I would suggest reviewing this before a case that involves a specific charge. For example, if one of our in class cases involves a defendant being charged with disorderly conduct, it would be a good idea to go to “common criminal offenses” and click on “disorderly conduct.”
For the second, common legal issues, this page involves issues that repeat in many cases. I would suggest reviewing this information as well. Specifically, “possession” and “preliminary questions for the purpose of objection” are very important.
The zoom link for any classes that would be online is https://iu.zoom.us/my/cardella There is no password.
2022 Student List:
Kaiden Bates
Sydney Casteel
Marco Colmenares
Brittany Dargo
Madison Duncan
David Harrington
Michael Hollingsworth
Lovell Houston
Abigail Jessup
Kaitlin Lawlor
Grant Manning
Liam Page
Haley Reuter
George Sorrells
Emily Stewart
Zach Taylor
Victoria Veen
Cady Wilson
Devin Zimmerman
Carolyn Lodus
Case 1
State ~ Kaiden Bates
Criminal Defense Attorney ~ Sydney Casteel
State’s Evidence
– Witness – Lucy Orton ~ Marco Colmenares
– Witness – Officer Johnny Law ~ Marco Colmenares
– Exhibit 1 – photograph of pillows, plug in candle warmer, and candles
Other
– Either party may introduce any statutes, local ordinances, IMPD General Orders, etc… that it wishes to use.
Charging Info
– Count I – Theft – On or about November 3, 2015, in Marion County, State of Indiana, the following named defendant, Jane Doe, did knowingly or intentionally exert unauthorized control over property: 2 pillows, a plug in wax warmer, and scented candles, of another person, to wit: Wal-Mart stores, with intent to deprive the other person of any part of its value or use. All of which is contrary to the laws of the State of Indiana.
Probable Cause Affidavit
– On November 3, 2015, Officer Johnny Law of the Beech Grove Police was dispatched to the Wal-Mart, 4650 S Emerson Ave, Beech Grove, Marion County, IN, on report of a detained shoplifter. Upon arrival, security officer, Lucy Orton, advised that Jane Doe (W/F 1/14/1965) had gone through the self scan register, and failed to scan 2 pillows on the bottom her cart ($12.96) each, additionally, she had concealed a plug in warmer ($10.00) and 2 scented waxes ($6.35 total) in her purse. Doe was issued and signed a summons to appear, promising to appear when notified by the Court. Doe was released on the scene.
Case 2
State ~ Marco Colmenares
Criminal Defense Lawyer ~ Brittany Dargo
States Evidence
– Witness – Officer Johnny Law ~ Madison Duncan
– Witness – Lab Tech Frank Pelfrey ~ Madison Duncan
– Exhibit 1 – Evidence bag containing a clear plastic baggie and a green leafy substance
– Exhibit 2 – Lab report prepared by Frank Pelfrey stating that Exhibit 1 tested positive for THC
Charging Info
– Count I – Possession of Marijuana – On or about November 3, 2015, in Marion County, State of Indiana, John Doe did knowingly or intentionally possess a controlled substance, to wit: marijuana, in an amount under 30 grams.
Probable Cause Affidavit
– I, Officer Johnny Law, a deputy with the MCSD, swears or affirm: On November 3, I was working as a line deputy in Marion Superior 14. John Doe was present in the court room for a warrant surrender on case 49G14-1410-CM-000345. I told Doe to wait in the jury box until his case was called, due to his having an open warrant. When his case was called, the Judge ordered that the warrant be recalled. However, the court staff instructed me that Doe had an open warrant out of Vanderburgh County for resist/am. I instructed Doe to again wait in the jury box while the warrant was verified. Deputy Miller went to the court office and contacted Vanderburgh County to verify that the warrant was active, and that the date of birth and SSN matched Doe. They confirmed. Doe was then placed under arrest for the open warrant. Prior to placing Doe in the holding cell, I searched Doe. He had a clear plastic baggie in his pocket that contained a green leafy substance that I know through my training and experience to be marijuana. Doe was charged with poss marijuana/am. All events occurred in Marion County.
Case 3
State ~ Madison Duncan
Criminal Defense Attorney for Jane Doe ~ David Harrington
Criminal Defense Attorney for Robert Smith ~ Michael Hollingsworth
Criminal Defense Attorney for Alex White ~ Lovell Houston
State’s Evidence
– Witness – Lucy Orton ~ Abigail Jessup
– Witness – Officer Johnny Law ~ Abigail Jessup
– Exhibit 1 – photograph of cherry tomatoes, chopped onions, Kool-Aid package, ground beef, 3 colts coasters, and a 12 pack of miller light
– Exhibit 2 – Video – showing both Smith and Doe concealing the items as Orton stated
Other
– Either party may introduce any statutes, local ordinances, IMPD General Orders, etc… that it wishes to use.
Charging Info for Jane Doe
– Count I – Theft – On or about November 3, 2015, in Marion County, State of Indiana, the following named defendant, Jane Doe, did knowingly or intentionally exert unauthorized control over property, to wit: food and/or Indianapolis Colts merchandise, of another person, to wit: Kroger, with intent to deprive the other person of any part of its value or use. All of which is contrary to the laws of the State of Indiana.
Charging Info for Robert Smith
– Count I – Theft – On or about November 3, 2015, in Marion County, State of Indiana, the following named defendant, Robert Smith, did knowingly or intentionally exert unauthorized control over property, to wit: food and/or Indianapolis Colts merchandise, of another person, to wit: Kroger, with intent to deprive the other person of any part of its value or use. All of which is contrary to the laws of the State of Indiana.
Charging Info for Alex White
– Count I – Theft – On or about November 3, 2015, in Marion County, State of Indiana, the following named defendant, Alex White, did knowingly or intentionally exert unauthorized control over property: miller light beer, of another person, to wit: Kroger, with intent to deprive the other person of any part of its value or use. All of which is contrary to the laws of the State of Indiana.
– Count II – MIP – On or about November 3, 2015, in Marion County, State of Indiana, the following named defendant, Alex White, a minor, did knowingly or intentionally possess an alcoholic beverage. All of which is contrary to the laws of the State of Indiana.
Probable Cause Affidavit
– The incident occurred on November 3, 2015 at 1 PM, at the following location: Kroger 8150 Rockville Road, Indianapolis, IN 46214 in Marion County. The persons responsible for this incident are Jane Doe, Alex White, and Robert Smith. On November 3, 2015 at approximately 6 PM, security officer Lucy Orton was working at the Kroger store located at 8150 Rockville Road, Indianapolis, IN. Orton observed several subjects, later identified as Jane Doe, Alex White, and Robert Smith, shopping in the store. Jane Doe and Robert Smith were observed selecting various items and placing those items in their bascart. While maintaining constant surveillance on the subjects Officer Orton observed Jane Doe select 5 packages of Ground Sirloin and 3 pkgs of Extra Gum which she concealed inside of her purse which was in the child’s seat of her bascart. Officer Orton observed Robert Smith select 6 produce items, 1 pkg of kool aid mix, and 3 colts items from their respective display areas and conceal these items in the right cargo pocket. Alex White, who had a separate cart, placed a 12 pack of beer on the bottom of his cart. This caught Orton’s attention as his cart was not full and only had a few items in it. Additionally, Orton did not believe that Alex White was 21 years old. Alex White went through check out first. Orton observed Alex White proceed through check out without paying for the beer. Alex White did pay for the items in the cart and left the store. Jane Doe and Robert Smith then proceeded through a Checkout Register where they purchased the items which remained in their bascart but failed to offer payment for any of the concealed items. IMPD was called as subjects were in the checkout lane. Smith exited the store first, pushing the shopping cart containing Jane Doe’s purse. Jane Doe followed. Orton then approached the individuals, identifying herself, both verbally and with ID. Orton determined from White’s ID that White was in fact, under 21. The subjects were escorted back into the store by Officer Orton. The following items were removed from Doe’s purse. 2 containers cherry tomatoes at $2.49 each, 2 containers Chopped Yellow Onions at $1.99 each, 1 pkg Kool Aid singles, and 5 packages of ground sirloin. Three colts items were removed from Smith’s cargo pocket. The shoplift/Civil Demand/Trespass forms were completed by Officer Orton and the subjects signed acknowledging they understood the contents. White stated to Officer Law that he had merely forgotten to pay for the beer on the bottom of the cart. When asked him how he intended to purchase the beer, he was unable to give an explanation. All 3 individuals were then placed under arrest for Theft. Groceries which were purchased as well as the vehicle was released to Doe’s son. Upon the arrival of the MCSD Wagon the subjects were transported to the Arrestee Processing Center.
Case 4
State ~ Abigail Jessup
Criminal Defense Lawyer ~ Kaitlin Lawlor
State’s Evidence
– Witness – Robert Vick ~ Grant Manning
– Witness – Officer Johnny Law ~ Grant Manning
Defense Evidence
– Defendant – John Doe ~ Brittany S – If called as a defense witness will testify that he accidentally picked up the phone, mistaking it for his own. He realized it was not his phone when he got a call and returned it. It will be up to the defense attorney whether or not to call defendant.
Other
– Either party may introduce any statutes, local ordinances, IMPD General Orders, etc… that it wishes to use.
– Prior to trial, Officer Johnny Law was contacted by the prosecutor and asked to retrieve video from EZ Pawn. Officer Johnny Law contacted EZ Pawn, and was told that the video is on a 14 day loop, and had already been recorded over.
Charging Info
– Count I – Theft – On or about November 3, 2015, in Marion County, State of Indiana, the following named defendant, John Doe, did knowingly or intentionally exert unauthorized control over property: cellular telephone, of another person, to wit: Robert Vick and/or Roto Rooter with intent to deprive the other person of any part of its value or use. All of which is contrary to the laws of the State of Indiana.
Probable Cause Affidavit
– On November 3, 2015 at 12:50 PM, Officer Johnny Law of the IMPD was dispatched to EZ Pawn store located at 5227 W Washington St. reference the theft of a customer’s cellular phone by another customer. The victim later identified as Robert Vick, stated he is a serviceman for Roto-Rooter, and had driven his company assigned service van to the location. Vick advised Officer Law he is a regular customer of this particular EZ Pawn store, frequently pawning personal items for cash. Vick stated he was in a line earlier with other customers, looking to the sales counter inside the store. The alleged suspect was behind Vick and according to Vick, even engaged in a conversation with him, asking him questions regarding plumbing problems at home. Vick was wearing a blue sweatshirt with the Roto Rooter logo on it at the time. Vick moved to the far left side of the sales counter, and had set down his Samsung ATT cell phone on the glass counter alongside him. This cell phone is a Roto Rooter company owned cellular phone, which is assigned to Vick as employee issued equipment. Vick’s attention was momentarily diverted, and upon looking back down on the glass counter, the cell phone was gone. Vick obtained assistance from one of the EZ Pawn employees, who went into the office and reviewed the video of the inside security camera, mounted behind the counter. The video footage confirmed that the suspect placed several papers on top of the victim’s cell phone and picked the cell phone up, still underneath the papers, at approximately 12:07 PM, after which he immediately exited the store. Vick contacted Roto Rooter to report the theft, and a Roto Rooter representative from the call center called the stolen cell phone assigned to Vick. The suspect answered the phone, and the Rotor Rooter representative from the call center advised the suspect to return the cell phone immediately or face going to jail. The suspect stated that he was at another pawn shop attempting to sell the phone but that he would return the phone if the police were not called. The suspect was observed by Vick driving back into the EZ pawn parking lot, in what appeared to be a white, new model Chrysler 300, 4 door, which he exited from behind the wheel and walked back inside the store. The same security camera video recorded the exchange of the cell phone back to Vick, after which the suspect immediately exited the store. Officer Law spoke to the EZ pawn store manager, who stated that he recognized the customer, who had come in to pay on one of his loans, as John Doe. Vick’s cell phone was valued at $500 when stolen then recovered.
Case 5
State ~ Grant Manning
Criminal Defense Attorney for John Doe ~ Liam Page
Criminal Defense Attorney for Walter Smith Doe ~ Haley Reuter
States Evidence
– Officer Johnny Law ~ George Sorrells
– Witness – Lab Tech Frank Pelfrey ~ George Sorrells
– Exhibit 1 – Evidence bag containing a glass pipe
– Exhibit 2 – Lab Report stating that substance in Exhibit 1 tested positive for Cocaine residue
– Exhibit 3 – Evidence bag containing a green leafy substance and a rolling paper
Other
– Either party may introduce any statutes, local ordinances, IMPD General Orders, etc… that it wishes to use.
Charging Info for John Doe
– Count I – Possession Marijuana – On or about November 3, 2015, in Marion County, IN, John Doe did knowingly or intentionally possess a controlled substance, to wit: marijuana.
– Count II – MIP – On or about November 3, 2015, in Marion County, State of Indiana, the following named defendant, John Doe, a minor, did knowingly or intentionally possess an alcoholic beverage.
– Count III – PI – On or about November 3, 2015, in Marion County, State of Indiana, at 410 S Missouri St, a public place or place of public resort, the following named defendant John Doe, was in a state of intoxication caused by the person’s use of alcohol or a controlled substance (as defined in IN 35-48-1-9) further, the defendant endangered his life, or the life of another person; breached the peace; or harassed, annoyed, or alarmed another person.
Charging Info for Walter Smith
– Count I – PI – On or about November 3, 2015, in Marion County, State of Indiana, at 410 S Missouri St, a public place or place of public resort, the following named defendant Walter Smith, was in a state of intoxication caused by the person’s use of alcohol or a controlled substance (as defined in IN 35-48-1-9) further, the defendant endangered his life, or the life of another person; breached the peace; or harassed, annoyed, or alarmed another person.
– Count II – Public Nudity – On or about Nov 3, 2015, in Marion County, IN, at 410 S Missouri St, Walter Smith did knowingly or intentionally appear in a public place in a state of nudity.
– Count III – Paraphernalia – On or about November 3, 2015, in Marion County, State of Indiana, the following named defendant, Walter Smith, did knowingly or intentionally possess an instrument, a device, or another object, to wit, a glass pipe, that the person intends to use for introducing into the person’s body a controlled substance, to wit cocaine.
Probable Cause Affidavit
– On November 3, I Officer Johnny Law was dispatched to the Holiday Inn located at 410 S Missouri St, Indianapolis, IN 46225 on report of a disturbance. Upon arrival I spoke to the manager, who told me that there were a group of individuals in room 210 who were causing noise and that there had been several complaints from other guests. Hotel staff had asked the occupants of the room on two separate occasions to quiet down, but there were still complaints. Additionally, the hotel staff stated that they had smelled marijuana coming from the room. It should be noted that it was 4 AM at night. I took the stairs up to room 210, as there was only one flight of stairs. On the staircase I noticed an individual, later identified as John Doe, who appeared to be passed out or sleeping on the stairs. Doe’s pants were wet and it appeared that he had urinated himself. Doe’s right hand was holding a bottle of Coors light. The individual also had black marker above his lip in what appeared to be an imitation of a moustache. The individual smelled of urine, alcohol, vomit, and marijuana. I awoke the individual, who initially appeared to be startled. He began to get up, and I instructed him not to get up as I was worried he might trip and fall down the stairs. I asked him if he was allright, because I was not sure if he needed medical attention. He told me he had just drank too much. I asked him about the complaints that had been received and he stated that his friends had rented him a hotel room to have a party for his 18th birthday party. Due to the complaints from the hotel staff, and due to Doe being in possession of alcohol as a minor, I decided to place Doe under arrest. He was compliant with the arrest. Search incident to arrest revealed that Doe had a marijuana joint in his wallet. As I was walking back to my vehicle with Doe, I again encountered the manager, who was arguing with a black male, later identified as Walter Smith, standing outside wearing only a pair of sweatpants and black socks. The manager told me that he was worried that Smith had a gun. When I approached Smith, I immediately smelled the distinct odor or an alcohol beverage about Smith’s breath and person and saw that his eyes were glazed and blood shot. Smith was having trouble maintaining his balance and was using the building to steady himself. Officer Law asked Smith several questions. However, Smith’s responses were so slurred and incoherent, I could not understand what Smith was trying to say. During office Law’s questioning, Smith pulled his sweatpants down to his ankles, exposing his penis to officer Law. Officer Law ordered Smith to pull his pants up and Smith complied. Law placed Smith in handcuffs and arrested him. During a search incident to arrest, a glass pipe was found in his left pocket. The glass pipe tested positive for cocaine residue. Both individuals were transported to the APC. All events occurred in Marion county.
Case 6
State ~ George Sorrells
Criminal Defense Lawyer for John Doe ~ Emily Stewart
Criminal Defense Lawyer for Alex Smith ~Zach Taylor
States Evidence
– Witness – Detective Johnny Law ~ Victoria Veen
– Witness – Lab Tech Frank Pelfrey ~ Victoria Veen
– Exhibit 1 – Evidence bag containing a plastic bag with a green leafy substance
– Exhibit 2 – Lab Report stating that substance in Exhibit 1 tested positive for marijuana
Other
– Either party may introduce any statutes, local ordinances, IMPD General Orders, etc… that it wishes to use.
Charging Info for John Doe
– Count I – Theft – On or about November 1, 2015, in Marion County, IN, John Doe did knowingly or intentionally exert unauthorized control over the property, that is, a resident deer firearm hunting license, of the State of Indiana/Department of Natural Resources, that is, by withholding revenue from the State of Indiana by purchasing a resident hunting license when John Doe was not an Indiana resident and could not legally purchase the less expensive license.
– Count II – Disorderly Conduct – John Doe, in Marion County, IN, on or about November 1, 2015, did recklessly, knowingly, or intentionally:
___ engage in fighting or in tumultuous conduct;
_X_make unreasonable noise and continue to do so after being asked to stop; or
_X_disrupt a lawful assembly of persons;
Charging Info for Alex Smith
– Count I – Theft – On or about November 1, 2015, in Marion County, IN, Alex Smith did knowingly or intentionally exert unauthorized control over the property, that is, a resident deer firearm hunting license, of the State of Indiana/Department of Natural Resources, that is, by withholding revenue from the State of Indiana by purchasing a resident hunting license when Alex Smith was not an Indiana resident and could not legally purchase the less expensive license.
– Count II – Disorderly Conduct – Alex Smith, on or about November 1, 2015, in Marion County,did recklessly, knowingly, or intentionally:
___ engage in fighting or in tumultuous conduct;
_X_make unreasonable noise and continue to do so after being asked to stop; or
_X_disrupt a lawful assembly of persons;
– Count III – Resist by Force – On or about November 1, 2015, in Marion County, State of Indiana, the following named defendant Alex Smith, did knowingly and forcibly resist, obstruct, or interfere with Detective Johnny Law, while said officer was lawfully engaged in the execution of his duties as a law enforcement officer.
– Count IV – Possession Marijuana – On or about November 1, 2015, in Marion County, IN, Alex Smith did knowingly or intentionally possess a controlled substance, to wit: marijuana.
Probable Cause Affidavit
– Johnny Law swears of affirms that I am a Detective with the Indiana Conservation Officer with the Indiana Department of Natural Resources, Law Enforcement Division. I also work part time during the weekends with the Virginia B. Fairbanks Art & Nature Park as a Park Ranger. I swear or affirm the following facts:
On November 1, 2015, I observed John Doe in the parking lot of Dicks sporting Goods in Castleton. John Doe was driving a pickup truck with two shotguns plainly visible in the cab of the vehicle. Both shotguns had gunlocks. Doe was wearing camouflage. Because deer season starts on November 1, I formed the opinion Doe might be planning on hunting deer. I also observed that Doe had a Kentucky License plate. Based on my training and experience, out of State hunters often attempt to purchase resident hunting licenses, which are less expensive. Doe left the vehicle, and the passenger remained in the vehicle. I followed Doe into the store, and observed him purchase a resident Deer Firearm License. A resident hunting license is $24. A non-resident license would have been $150. Doe paid for the license with a $20 bill and a $5 bill and received $1 in change. Based on my training and experience as a park ranger, as part of standard training, I am aware that when a person purchases a license using the Indiana Department of Natural Resources, Division of Fish and Wildlife, they must first enter a date of birth into a computer. They must then either enter an Indiana Driver’s License /ID number or a Social Security Number or a returning customer ID number. If they enter an Indiana DL/ID or social security number associated with an Indiana DL/ID, some of the next several fields populate with information from a 2005 Indian BMV records file. If they do not, and they enter a Social Security Number associated with an Indiana DL/ID, none of the future fields populate. After they enter customer information, there is a screen that asks for their address, including street address, city state, zip, and county. At the bottom of this screen there is a place where the person must declare their residency. They have a choice between “Resident” and “Non-resident.” A description is printed besides the choices. The description reads: “A resident is a person who has lived in Indiana continuously for a period of 60 days preceding the date of purchase. All others are non-residents.” Doe left the store. As Doe was entering his vehicle, I approached him and asked to speak to him. I explained to him that I thought it was odd that he had purchased a resident license but that he did not have an Indiana License plate on his vehicle. He told me that he was renting land from a friend for 3 days and that his actual residence was in Kentucky. I arrested Doe on the scene for Theft. I asked the passenger, later identified as Alex Smith, if had a valid drivers license. Smith said he did. Smith exited the vehicle and reached into his pocket and removed his wallet and showed me what appeared to be a valid Kentucky drivers license. While he was showing me the drivers license, I observed that he also had an Indiana resident hunting license in his wallet. I asked him if I could see the hunting license, and he complied. I observed that the hunting license was made out to Alex Smith and that the date of birth and other identifying information matched that on his drivers license. Because I had already seen the Kentucky drivers license, I informed Smith that I was also placing him under arrest for Theft. I instructed Smith that he would need to exit the vehicle, as it would need to be towed, as there was no licensed driver to drive the vehicle away. Smith muttered under his breath, “Are you fucking kidding me, this is bullshit” as he exited the vehicle. I asked him what he said and he mumbled, “You fucking heard me.” I asked him to refrain from using profanity as there were many civilians in the area. Specifically, a woman with several young children was loading purchased items into a vehicle. I called for a tow truck and began an inventory search of the vehicle, knowing specifically that the two firearms would need to be removed. After securing the firearms, I continued my search. In the passenger side door, I found a plastic bag that contained suspected marijuana. Upon removing the marijuana from the vehicle, Alex Smith loudly stated, in the direction of the women and 3 children “Whoopty fucking doo, the fuck-tard found my weed.” The woman seemed alarmed and began backing away from Smith with her children. At this point, I told Smith that I also charging him with possession of marijuana and disorderly conduct and instructed him to place his hands behind his back. Initially, he complied. However, after I placed the handcuff around his right wrist he began pulling away and moved his left arm in front of his body. I maintained a hold on his right wrist and reached around to secure his left arm. His left arm tensed up, and he flung it about as if he was trying to shake my grip. I was able to place his left wrist into cuffs, at which point Smith stopped resisting. I additionally decided to charge Smith resist. While I was placing Smith in handcuffs, Doe became very upset and began screaming at me, drawing attention from onlookers. Most of his screaming was profanity. I instructed Doe to quiet down several times. He continued screaming until I placed him in my vehicle. The vehicle was towed to Lastchance by Lastchance. The secured firearms and ammunition were transported to the IMPD property room.
Case 7
State ~ Victoria Veen
Criminal Defense Lawyer ~ Cady Wilson
States Evidence
– Officer Johnny Law ~Devin Zimmerman
– Witness – Lab Tech Frank Pelfrey ~Devin Zimmerman
– Exhibit 1 – Evidence bag containing a clear plastic baggie and a green leafy substance
– Exhibit 2 – Lab Report stating that substance in Exhibit 1 tested positive for THC and weighed 6 grams
– Exhibit 3 – Evidence bag containing a clear plastic baggie and a green leady substance
– Exhibit 4 – Lab Report stating that substance in Exhibit 3 tested positive for THC and weighed 5 grams
– Exhibit 5 – Evidence bag containing a clear plastic baggie and a green leafy substance
– Exhibit 6 – Lab Report stating that substance in Exhibit 5 tested positive for THC and weighed 20 grams
– Exhibit 7 – Evidence bag containing backpack, wallet, ID, credit card, and school text books
Other
– Either party may introduce any statutes, local ordinances, IMPD General Orders, etc… that it wishes to use.
– The parties have stipulated to the prior conviction referred to in Count II and III.
Charging Info
– Count I – Possession Marijuana / BM– On or about November 3, 2015, in Marion County, IN, John Doe did knowingly or intentionally possess a controlled substance, to wit: marijuana.
– Count II – Possession Marijuana / AM – On or about November 3, 2015, in Marion County,IN, John Doe did knowingly or intentionally possess a controlled substance, to wit: marijuana, and John Doe has a prior conviction for possession of marijuana on October 1, 2014 under 49G07-1403-CM-0004293.
– Count III – Possession Marijuana / F6 – On or about November 3, 2015, in Marion County, IN, John Doe did knowingly or intentionally possess a controlled substance, to wit: marijuana, in an amount above 30 grams, and John Doe has a prior conviction for possession of marijuana on October 1, 2014 under 49G07-1403-CM-0004293.
Probable Cause Affidavit
– On November 3, I Officer Johnny Law, was in my fully marked police vehicle on driving West on East 38th St. This is a high crime area. I observed several young males in the front yard of a residence. One of the individuals was handing another male what I believed to be cash although the money was cupped in his hand as if he was attempting to conceal the transaction. One of the individuals saw my vehicle and looked up at me. I observed him say something to the other males, and the other males also looked up at me. I exited my vehicle and began approaching the 4 males. When I was about 10 feet away from the group I observed a clear plastic baggie on the ground. When I looked at the bag, the 4 males also looked at the bag. I picked up the baggie and observed a green leafy substance that I knew through my training and experience to be marijuana. The bag was about 2 feet away from an individual who I later identified as John Doe. I asked the individuals whose marijuana it was. No one answered. I then instructed them that if no one admitted to ownership of the marijuana, that they would all be placed under arrest. One of the individuals then made an excited utterance, stating, “its not mine.” A second individual shifted his eyes towards John Doe in a manner that I took to be an indication that the marijuana belonged to John Doe. The third individual pointed towards John Doe in a manner that I could observe but that was not visible to John Doe. John Doe made no response. I instructed John Doe that I was placing him under arrest for possession of marijuana and instructed him to place his hands behind his back to be placed into cuffs, and to which order he complied. After he was secured in handcuffs, I instructed him to sit in the front yard and wait for a paddy wagon. I called for a wagon and waited for the wagon to arrive. The other 3 individuals remained on the scene and kept looking at a hedge, which made me suspect that there might be additional contraband. I approached the hedge, and upon closer inspection, saw that there was a backpack concealed in the hedge. I asked the individual’s whose backpack it was, and they all four denied ownership of the backpack. Because I assume that the bag was now abandoned property, I retrieved the bag from the hedge and opened the backpack. There was a large clear plastic baggie in the backpack, also containing marijuana. The backpack had the initials, JD on the outside of the backpack. The backpack also contained a wallet with an ID and credit card that had John Doe’s name and address on it. There were also 3 school text books in the bag. Each of these text books had John Doe’s name written on the inside cover of the book. The paddy wagon then arrived on scene and I searched John Doe incident to arrest, at which point I found that he had a third bag of marijuana in the back pocket of his jeans. I asked Doe if the marijuana inside the backpack and the marijuana I had found on the ground were his, and he admitted they were. John Doe was transported to the APC by officer Smithy. I then transported the backpack, its contents, and the three bags of marijuana to the property room. The first bag that I had found on the ground weighed 6 grams. The small bag in Doe’s back pocket weighed 5 grams. The third bag, which had been found inside the backpack, weighed 20 grams. Because the cumulative weight exceeded 30 grams, and because John Doe has a prior conviction for possession of marijuana under 49F07-1308-CM-0004123, I called Officer Smithy to instruct him that the case should be filed as a felony. All of these events occurred in Marion County. The other 3 individuals were released at the scene.
Case 8
State ~Devin Zimmerman
Criminal Defense Attorney ~ Carolyn Lodus
States Evidence
– Officer Brady Ball ~ Kaiden Bates
– Exhibit 1 – Evidence bag containing a clear plastic baggie and a green leafy substance
Other
– Either party may introduce any statutes, local ordinances, IMPD General Orders, etc… that it wishes to use.
Charging Info
– Count I – Possession of Marijuana – On or about November 3, 2015, in Marion County, IN, John Doe did knowingly or intentionally possess a controlled substance, to wit: marijuana.
Probable Cause Affidavit
– On November 3, I Officer Brady Ball, with IMPD observed a vehicle being driven eastbound on East 38th street, which I know from my experience to be a high crime area. The vehicle was a purple chevy impala with a Don’t Tread on Me Bumper Sticker, which I have seen on previous occasions. I know from previous arrests that the owner of this vehicle is Walter Smith. I know that Smith is engaged in Narcotics trafficking and that his license is suspended for Life. I began following the vehicle. I was running Smith’s information through my in car computer to ensure that the license was in fact still suspended. Before I could finish, the driver of the vehicle noticed that I was behind him and turned into the Marathon Gas station. The vehicle only signaled 20 feet, so I turned on my fully marked vehicle’s lights and sirens in order to issue a ticket for the failure to signal. The vehicle pulled up to a gas pump and the driver turned off the engine. The driver exited the vehicle and began approaching me. At this point, I realized that the driver was not Smith. I ordered the driver, later identified as John Doe, to return to the vehicle. Doe stated that he had done nothing wrong and that I was harassing him because he was African American. Due to Doe’s failure to comply with my command, and his aggressive attitude, I removed my department issued tazer from my belt and pointed it at Doe and ordered him to return to the vehicle. Doe complied and sat inside the vehicle in the driver seat. I approached the vehicle and spoke to Doe through the driver side window. While I was speaking with Doe, I could smell the odor of raw unburnt marijuana emanating from the vehicle. I am familiar with the odor of raw marijuana based on my training and experience. I backed away from the vehicle and instructed Doe to stand and wait in front of the vehicle while I conducted a search of the vehicle due to my probable cause to believe that the vehicle contained marijuana. Doe stated there was nothing in the vehicle that he was aware of. On the passenger seat of the vehicle, I observed a clear plastic baggie containing a green leafy substance that I know to be marijuana. It should be noted that this bag was not present on the passenger seat when I asked Doe to exit the vehicle, so he must have discarded it while exiting the vehicle. After removing the marijuana from the vehicle, I held the bag up and asked Doe if he had forgotten to tell me something, due to him previously stating that their was nothing in the vehicle. Doe stated, “that’s just a dime bag of weed, that aint nothing” which I took to be an acknowledgment that the marijuana was his as he was aware of the amount of the marijuana. Based on my training and experience, I know “dime” to be street terminology for $10 worth of marijuana. I also know that “weed” is a street name for marijuana. Doe was placed under arrest and transported to the APC. The vehicle was towed to Last Chance by Last Chance.
Case 9
State ~ Kaiden Bates
Criminal Defense Attorney for John Doe ~ Lovell Houston
States Evidence
– Officer Johnny Law ~ Sydney Casteel
– Witness – Lab Tech Frank Pelfrey ~ Sydney Casteel
– Exhibit 1 – Evidence bag containing marijuana
– Exhibit 2 – Lab Report stating that substance in Exhibit 1 tested positive for Marijuana
Other
– Either party may introduce any statutes, local ordinances, IMPD General Orders, etc… that it wishes to use.
Charging Info
– Count I – PI – On or about November 3, 2015, John Doe, in Marion County, State of Indiana, at 650 N Alabama, a public place or place of public resort, the following named defendant John Doe, was in a state of intoxication caused by the person’s use of alcohol or a controlled substance (as defined in IN 35-48-1-9; further, the defendant endangered his life, or the life of another person; breached the peace; or harassed, annoyed, or alarmed another person.
– Count II – Resist by Flight – John Doe, in Marion County, IN, on or about November 3, 2015 did knowingly flee from Officer Johnny Law, a law enforcement officer empowered by the IMPD, after Johnny Law had identified himself by visible or audible means and ordered John Doe to stop.
– Count III – Possession Marijuana – On or about November 3, 2015, in Marion County, IN, John Doe did knowingly or intentionally possess a controlled substance, to wit: marijuana, in an amount under 30 grams.
Probable Cause Affidavit
– On November 3, 2015, I Officer Johnny Law was dispatched on a report of an intoxicated individual at Riley Tower North Tower. According to the 911 call, the individual was intoxicated and had staggered into the street several times and almost been hit by a passing car. When I arrived on the scene I was able to observe an individual inside the lobby who was pacing back and forth and swaying from side to side and not walking in a straight line. I attempted to enter the lobby but the electronic door was locked. I knocked on the glass door and motioned for the individual to come to the door to let me in, at which point he turned and fled. I continued to tap on the glass. A maintenance employee eventually opened the door and allowed me into the lobby area. The maintenance employee told me that he was the individual who had called 911, and he told me that the individual was now sleeping on a couch in a different area of the lobby. He led me through the lobby, which is a public place, and pointed to the individual who had previously fled from me. The individual was later identified as John Doe. Doe was sleeping on a couch. His clothing was disheveled and he smelled of alcohol and marijuana. I awoke Doe and informed him that I was placing him under arrest for public intoxication, as he could have been hit by a car, and for resist by flight. I asked him if he lived in the building and he told me he did not. However, he was unable to remember his home address. His eyes were red, glassy and bloodshot and he staggered when he rose to his feat. Search incident to arrest, I found a small bag of marijuana in Doe’s back pants pocket.
Case 10
State ~ Sydney Casteel
Criminal Defense Lawyer ~ Marco Colmenares
States Evidence
– Officer Johnny Law ~ Brittany Dargo
– Exhibit 1 – Evidence bag containing a hand rolled cigarette of a green leafy substance
Other
– Either party may introduce any statutes, local ordinances, IMPD General Orders, etc… that it wishes to use.
Charging Info
– Count I – PI – On or about November 3, 2015, John Doe, in Marion County, State of Indiana, at 125 South Pennsylvania Street, a public place or place of public resort, the following named defendant John Doe, was in a state of intoxication caused by the person’s use of alcohol or a controlled substance (as defined in IN 35-48-1-9; further, the defendant endangered his life, or the life of another person; breached the peace; or harassed, annoyed, or alarmed another person.
– Count II – Resist by Flight – John Doe, on or about November 3, 2015, in Marion County, IN, did knowingly flee from Johnny Law, a law enforcement officer empowered by the IMPD, after Johnny Law had identified himself by visible or audible means and ordered D to stop.
– Count III – Disorderly Loud Noise – John Doe, on or about November 3, 2015, in Marion County, IN, did recklessly, knowingly, or intentionally:
___ engage in fighting or in tumultuous conduct;
_X_make unreasonable noise and continue to do so after being asked to stop; or
___disrupt a lawful assembly of persons;
Count IV – Possession Marijuana – On or about November 3, 2015, in Marion County, John Doe did knowingly or intentionally possess a controlled substance, to wit: marijuana.
Probable Cause Affidavit
– On November 3, 2015, I Officer Johnny Law was working in the parking lot at Bankers Life Fieldhouse during the Metallica concert. I was working as private security but was in full police uniform. I was walking around the parking lot in order to ensure that persons who were tailgating prior to the concert were acting in an orderly manner. As I was walking by a group of individuals, one individual, later identified as John Doe, who was drinking beer, began making oinking noises and loudly telling his friends that he could smell bacon, which are derogatory stereotypes sometimes associated with law enforcement. I approached the individual, and instructed him that his loud behavior was causing a disruption and that he needed to lower his volume. He then raised his volume even more, and began yelling and using profanity, and accusing me of harassing him. He also called me a pig several times. Because his loud outbursts were creating a disturbance, and because I had instructed Doe several times that he needed to quiet down, and he had failed to comply with these requests, and because he was drinking alcohol and was clearly intoxicated, I instructed him that I was placing him under arrest for disorderly conduct and public intoxication. At that point, Doe said you will have to catch me first. He began running, after which I instructed him to stop, to which he ignored my commands. I began pursuing Doe on foot, at which point I radioed for additional support as I could not catch up to him. Doe climbed over a chain link fence before I could reach him. While Doe was climbing the fence I observed a white cylindrical object about the size of a cigarette fall out of Doe’s pocket. Doe was met by officers on the other side of the fence, at which point he gave up and ceased his flight. I looked on the ground where Doe had climbed the fence and saw that there was a hand rolled joint, which I identified from my training and experience to contain marijuana. Doe was arrested and transported to the APC.
Case 11
State ~ Brittany Dargo
Criminal Defense Attorney ~ Madison Duncan
States Evidence
– Officer Johnny Law ~ David Harrington
– Officer John Highball ~ David Harrington
– Witness – Victoria Smith ~ David Harrington
– Witness – Lab Tech Frank Pelfrey ~ David Harrington
– Exhibit 1 – Evidence bag containing marijuana
– Exhibit 2 – Lab Report stating that substance in Exhibit 1 tested positive for Marijuana
Other
– Either party may introduce any statutes, local ordinances, IMPD General Orders, etc… that it wishes to use.
– The parties have stipulated that the nurse blood draw tested positive for THC, and alcohol in the amount of 0.09, and that these facts shall be admitted into evidence without calling the nurse.
Charging Info
– Count I – Public Intoxication – On or about November 3, 2015, in Marion County, John Doe, in Marion County, State of Indiana, at 2342 Walker Ave, a public place or place of public resort, the following named defendant John Doe, was in a state of intoxication caused by the person’s use of alcohol or a controlled substance (as defined in IN 35-48-1-9; further, the defendant endangered his life, or the life of another person; breached the peace; or harassed, annoyed, or alarmed another person.
– Count II – OVWI – On or about Nov 3, 2015 at 2342 Walker Ave, in Marion County, IN John Doe did operate a vehicle while intoxicated.
– Count III – OVWI with Endangerment – On or about Nov 3, 2015 at 2342 Walker Ave, in Marion County, IN John Doe did operate a vehicle while intoxicated in such a manner that a person was endangered;
– Count IV – OVWI 0.8 – On or about Nov 3, 2015 at 2342 Walker Ave, in Marion County, IN John Doe did operate a vehicle with an alcohol concentration equivalent to at least eight hundredths (0.08) grams of alcohol but less than fifteen hundredths (0.15) grams of alcohol per one hundred (100) milliliters of the persons blood; or per two hundred ten (210) liters of the person’s breath.
– Count V – Trespass – John Doe, on or about November 3, 2015, in Marion County, IN did knowingly or intentionally enter the real property, that is 2342 Walker Ave, of Victoria Smith, after having been denied entry by said other person or an agent of said other person, John Doe not having a contractual interest in said real property.
– Count VI – Burglary – On or about November 3, 2015, in Marion County, IN John Doe did break and enter the building or structure, and dwelling of Victoria Smith, situated in the 2300 block of Walker Ave, with the intent to commit the felony of Theft therein, that is, with intent to knowingly exert unauthorized control over the property of Victoria Smith, with intent to deprive Victoria Smith of any part of its value or use.
– Count VII – Marijuana – On or about November 3, 2015, in Marion County, IN John Doe did knowingly or intentionally possess a controlled substance, to wit: marijuana.
– Count V – Battery – John Doe, on or about November 3, 2015, in Marion County, IN did knowingly or intentionally touch Victoria Smith in a rude, insolent, or angry manner, to-wit: struck her with a door, resulting in bodily injury, to-wit: pain and/or swelling;
Probable Cause Affidavit
– On November 3, 2015, I, Officer Johnny Law was dispatched to a disturbance between a landlord and tenants. Officer Law first spoke to the victim, 25 year old Victoria Smith. Miss Smith stated she was living at 2342 Walker Ave with her fiancé, Josh Sexton, and her grandmother. Miss Smith stated that her deceased grandmother was on the lease to the property. Miss Smith’s grandmother passed away in June. Miss Smith stated that she had been communicating with the landlord, John Doe, about taking over the lease. Miss Smith heard on November 1, 2015 that Doe had changed his mind and wanted them out of the house. Miss Smith stated that Doe just showed up unexpectedly and started going through the property in the garage. She became aware of his presence when she heard the garage door motor opening the garage door. Doe placed several items on the curb, but placed a chair of in the back of his pickup truck. Miss Smith stated that she went out to talk to Doe and an argument took place. Miss Smith became fearful for her safety and she ran back towards the back door to the house. Miss Smith stated that Doe ran after her and when he caught up to her, he tried to keep her from going inside. Miss Smith said as she opened the screen door, Doe slammed it shut on her head several times, causing pain and giving her a knot on the back of her head. Miss Smith told me that Doe then rubbed the back of her head saying “Poor baby” after he had hit her with the door. Miss Smith did not request medical attention but stated that she would be going to the hospital. I observed that the metal door frame was bent from where it had made contact with Ms Smiths head and could tell that the bend in the door was fresh. I then spoke to Doe, who stated that he came to the house to get rid of people who were living in the house. Doe stated that he did not start an eviction process at first because he felt bad about the death of the grandmother. I told Doe that eviction paperwork must be filed and that he could not self evict. After mirandizing Doe, I asked him if he had in fact slammed the door on Smith. He stated, well she was trying to get back into the house. Doe stated that he believed the items in the garage were garbage and that he was disposing of them. I did note that most of the items did appear to be laundry but were being stored in large black trash bags. However, the chair was clearly not garbage. During my conversation with Doe, I began to suspect that he might be intoxicated. His eyes were red and glassy and his speech seemed disorganized. His balance was also unsteady. However, due to Doe’s age, I was uncertain of whether or not these clues were merely the result of Doe being elderly or possibly having medical issues that I was not aware of. I explained to Doe that I would like to conduct a PBT test, to which he agreed. The test came back positive at 0.04. I read the Indiana Implied Consent Law to Doe, and he consented to a chemical test. I suspected that Doe might have been using another substance other than alcohol, in addition to alcohol, and as a result, decided to do a blood draw. I called for a second officer to transport Doe for the blood draw. Officer Highball arrived on scene to transport Doe to Wishard. Prior to leaving the scene, Doe stated that he had concerns about leaving his truck on scene, stating that he did not trust his tenants not to vandalize the vehicle. I told Doe that if he gave me his keys I would make sure to move the vehicle. Doe then gave me his keys. Doe was transported to Wishard by Officer Highball and a nurse blood draw was conducted. The blood draw came back positive for THC and alcohol in the amount of 0.09. I called for a wrecker to move the car, pursuant to Doe’s request. Dispatch informed me that a truck from Last Chance was on route. While inventorying the vehicle, I found a bag of marijuana in the glove compartment. The vehicle was then towed to Last Chance. I radioed Officer Highball, and asked him to ask Doe about the marijuana. Doe stated that the marijuana was his but that he only used it because of Glaucoma. All events occurred in Marion County.
Case 12
State ~ ***
Criminal Defense Lawyer for Joy Turner ~ ***
Criminal Defense Lawyer for Catalina Aruca ~ ***
States Evidence
– Officer Johnny Law ~ ***
– Witness – Lab Tech Frank Pelfrey ~ ***
– Exhibit 1 – Evidence bag containing marijauna
– Exhibit 2 – Lab Report stating that substance in Exhibit 1 tested positive for Marijuana
Other
– Either party may introduce any statutes, local ordinances, IMPD General Orders, etc… that it wishes to use.
Charging Info for Joy Turner
Count I – PI – On or about November 3, 2015, in Marion County, IN Joy Turner, in Marion County, State of Indiana, at 4016 E 82nd St, a public place or place of public resort, the following named defendant Joy Turner, was in a state of intoxication caused by the person’s use of alcohol or a controlled substance (as defined in IN 35-48-1-9) further, the defendant endangered his life, or the life of another person; breached the peace; or harassed, annoyed, or alarmed another person.
– Count II – Trespass – Joy Turner, on or about November 3, 2015, in Marion County, IN did knowingly or intentionally enter the real property, that is 4016 E 82nd St, of Latitude 39, after having been denied entry by said other person or an agent of said other person, Joy Turner not having a contractual interest in said real property.
– Count III – Disorderly Loud Noise – Joy Turner, on or about November 3, 2015, in Marion County, IN did recklessly, knowingly, or intentionally:
___ engage in fighting or in tumultuous conduct;
_X_make unreasonable noise and continue to do so after being asked to stop; or
___disrupt a lawful assembly of persons;
– Count IV – Resist by Force – On or about November 3, 2015, in Marion County, State of Indiana, the following named defendant Joy Turner, did knowingly and forcibly resist, obstruct, or interfere with Officer Johnny Law with the IMPD, while said officer was lawfully engaged in the execution of his duties as a law enforcement officer.
Charging Info Catalina Aruca
Count I – PI – On or about November 3, 2015, Catalina Aruca, in Marion County, State of Indiana, at 4016 E 82nd St, a public place or place of public resort, the following named defendant John Doe, was in a state of intoxication caused by the person’s use of alcohol or a controlled substance (as defined in IN 35-48-1-9) further, the defendant endangered his life, or the life of another person; breached the peace; or harassed, annoyed, or alarmed another person.
– Count II – Trespass – Catalina Aruca, on or about November 3, 2015, in Marion County, IN did knowingly or intentionally enter the real property, that is 4016 E 82nd St, of Latitude 39, after having been denied entry by said other person or an agent of said other person, Catalina Aruca not having a contractual interest in said real property.
– Count III – Disorderly Loud Noise – Catalina Aruca, on or about November 3, 2015, in Marion County, IN, did recklessly, knowingly, or intentionally:
___ engage in fighting or in tumultuous conduct;
_X_make unreasonable noise and continue to do so after being asked to stop; or
___disrupt a lawful assembly of persons;
– Count IV – Possession Marijuana – On or about November 3, 2015, Catalina Aruca in Marion County IN did knowingly or intentionally possess a controlled substance, to wit: marijuana.
Probable Cause Affidavit
– On November 3, 2013, in Marion County, at approximately 9:15 PM. I, Officer Johnny Law with the IMPD, was working off duty employment, in full uniform, at latitude 39 located at 4016 E 82nd St, when I was approached by management about a customer refusing to leave. Management advised that the customer, later identified as Joy Turner, was making out with her girlfriend and grinding on the dance floor. Management stated that the activity was inappropriate to the family friendly environment. Management approached the couple and asked them to tone it down and the couple then stated “fine, we’ll just leave!” Once outside the club, they stood in front and intercepted patrons as they were trying to enter. They told patrons that they were just kicked out because they were gay. It was at that time that management asked them to leave the property. Turner refused to leave the property and that is when management came and asked me for assistance. Turner’s girlfriend, Catalina Aruca, approached me and stated that she would call a cab and leave with Turner. I instructed both individuals they were trespassed from the property and needed to leave immediately. Catalina and Turner both stated they would leave as soon as a cab arrived. Catalina appeared to be very intoxicated. She had red bloodshot watery eyes and her speech was slurred. She was also standing inappropriately close to me and speaking very loudly. Based on the disruption the two had caused within the premises, and now outside the premises, as well as the refusal to leave, I told Catalina Aruca that I was placing her under arrest. At this point, Joy Turner began yelling “this is bullshit” and referring to me as a nazi and a fascist. I told her that she was disrupting the people in the parking lot and that if she didn’t quiet down that she would be next. She continued thus loud noise and again saying “this is bullshit you cant do this” she then tried to pull Catalina away from me. I instructed her to stop. She then pushed me away, at which point I took her to the ground for resisting arrest. Search incident to arrest of Catalina revealed a while plastic baggie with suspected marijuana. At this point Catalina began yelling and stating “we are never coming back here I will spend my money elsewhere.” I asked her to quiet down as people were looking at her and were walking in the grass to avoid getting near her. She continued to yell loudly at other patrons stating “don’t go in there.” She continued this yelling until she was placed in my vehicle. Both suspects were transported to the APC. All events occurred in Marion County.
Case 13
States Evidence
– Officer Johnny Law
– Witness Joy Turner
– Witness – Lab Tech Frank Pelfrey
– Exhibit 1 – Photograph of cell phone text message from 317-555-5555 stating: “Just seen another trife ass white bitch like u with a black boy”
– Exhibit 2 – Photograph of cell phone text message from 317-555-5555 stating: “all u hoes need to be executed”
– Exhibit 3 – Photograph of cell phone text message from 317-555-5555 stating: “death is following u close”
– Exhibit 4 – Photograph of cell phone text message from 317-555-5555 stating: “I need u to die a horribly death . . . Bitch! Im gonna put a bullet in his head along with u”
– Exhibit 5 – Photograph of cell phone text message from 317-555-5555 stating: “ok . . . again you still got the big pay back coming and I promise you it is gonna hurt you deep . . . deeper than you was hurt when they ran down your daughter like a dog in the street . . . watch you will see”
– Exhibit 6 – Evidence bag containing suspected marijuana
– Exhibit 7 – Lab Report stating that substance in Exhibit 6 tested positive for Marijuana
– Exhibit 8 – Evidence bag containing black handgun
– Exhibit 9 – Evidence bag containing suspected cocaine
– Exhibit 10 – Lab Report stating that substance in Exhibit 9 tested positive for Cocaine
Other
– Either party may introduce any statutes, local ordinances, IMPD General Orders, etc… that it wishes to use.
Charging Info for Earl Turner
Count I – Intimidation – Earl Turner, on or about November 3, 2015, in Marion County, IN did knowingly or intentionally communicate a threat to another person, to wit Joy Turner, with the intent that the other person be placed in fear of retaliation for a prior lawful act; to wit; dating a new person, and the threat was to commit a forcible felony; to wit murder.
– Count II – Resist by Force – On or about November 3, 2015, in Marion County, State of Indiana, the following named defendant Earl Turner, did knowingly and forcibly resist, obstruct, or interfere with Officer Johnny Law with the IMPD, while said officer was lawfully engaged in the execution of his duties as a law enforcement officer.
Count III – Marijuana – On or about November 3, 2015, in Marion County, IN Earl Turner did knowingly or intentionally possess a controlled substance, to wit: marijuana, in an amount under 30 grams.
– Count IV – Handgun No License – On or about November 3, 2015, in Marion County, State of Indiana, Earl Turner did carry a handgun in or upon the defendant’s vehicle or person without a license in the defendant’s possession;
– Count V – Cocaine – On or about November 3, 2015, in Marion County, State of Indiana, the following named defendant, Earl Turner Doe, did knowingly or intentionally possess cocaine, pure or adulterated, a narcotic classified in Schedule I.
Probable Cause Affidavit
– On November 3, 2015 at 10:27, at 2139 hours Officer Johnny Law of Lawrence police department came into contact with Joy Turner in reference to being threatened and harassed by her husband (who she is currently separated from) Earl Turner wm 5/17/70. She stated that prior to this report she had dropped her children in common at Earl’s residence and later received a voicemail message stating that he was out of town and needed for her to come back to pick them up. She stated when she arrived to pick her children back up, she saw Earl in the parking lot and felt as if he had lied about being out of town to get her to come back to his residence in order to hurt her. She stated that she saw him walking up to her vehicle in an aggressive manner, but because she had her boyfriend in the vehicle with her, Earl abruptly changed directions, made a cut throat hand gesture towards her and then went into the house. She stated that she took the threat seriously and felt that it was done to intimidate her and because of it, she is in fear of her life. After this incident she started receiving text messages threatening her and also making derogatory/racial comments about her boyfriend. She stated that Earl felt upset because she showed up at his residence with another man, and as a result started threatening her life. Turner stated that the majority of the messages stated that he was going to kill her and put a bullet in the head of her boyfriend. He also stated that he was going to run over her with a car and kill her like a drunk driver did her daughter several years ago. I told her that I would forward this information to a Detective to conduct a follow up investigation. After taking this report, later that day, I was dispatched to a disturbance with a gun at the cottages of Fall Creek Apartments. Upon arrival, I made contact with Joy Turner again, who was visibly upset and shaking. When I asked her what was wrong, she stated that her children had been at Earl Turner, their fathers house, at 5650 Brendown Way W Dr. She received a phone call from her son, Earl Jr., advising he had left his back pack at his house and needed it for school. Joy stated she drove to 5650 Brendon Way W Dr and did not knock on the door, but just left the back pack in front of the residence. As she was walking away, Earl aggressively opened the door, and pointed a large black handgun at Joy’s head and stated “I’ll kill you bitch.” Joy stated that she screamed loudly before running back to her car and that’s when she drove to the apartment club house and telephoned police. I asked Joy if I could see the text messages to photograph them as evidence. Joy then showed me several of the text message which stated: Just seen another trife ass white bitch like u with a black boy; all u hoes need to be executed; death is following u close; I need u to die a horribly death . . . Bitch! Im gonna put a bullet in his head along with u; ok . . . again you still got the big pay back coming and I promise you it is gonna hurt you deep . . . deeper than you was hurt when they ran down your daughter like a doe in the street . . . watch you will see.” I called 317-555-5555, the number the text messages were from, which Joy Turner stated was Earl’s phone number, and after identifying myself, asked if he would speak to me. He said yes and that he was at his house. I went to his residence and noticed that the door was slightly ajar. I knocked several times, but there was no answer. I pushed the door open to peer inside the residence, and observed a white male, later identified as Earl Turner sitting on the couch with a beer can in his hand. There were at least 8 opened beer cans on the table in front of him. Earl stated to me, “Its about time you got here.” I made Earl aware of his rights and he stated that he would speak to me. He admitted to the behavior that Joy Turner had complained of but stated that it was all a joke and that he was mad that she had been dating a black man whom he referred to as Darnell. Earl then said, “let me show you” and reached for a drill on the coffee table. He showed me the drill and stated that when Joy Turner had come to the door, he pretended that the drill was a gun and started yelling at her. Earl did admit that he owned a black handgun. I then notified Earl Turner that I was placing him under arrest for intimidation. He begged me not to, stating that he wasn’t really going to hurt anyone. I told him that I believed him but that I would still need to place him under arrest due to what had occurred and that he could explain to the Judge that he had been joking around. Before placing handcuffs on him, I asked him if he had anything on his person that I should know about. He stated that he had a bag of marijuana in his back pants pocket. He began to reach behind his back. Fearing that he may be reaching for a gun, I ordered him to stop, to which order he did not comply. His right hand moved completely behind his back, and due to my fear he might be reaching for a gun, I reached for his arm and threw him to the ground. At this point, he stopped resisting and allowed himself to be placed in handcuffs cuffed. I patted down his back pockets and found that he did in fact have a bag of suspected marijuana in his back pocket. After placing him in handcuffs, I asked him where the gun was. He stated in a drawer in an end table. I opened the drawer and located the handgun. There was also a bag of suspected cocaine in the drawer. Earl stated that the cocaine was not his, and that it belonged to his brother Randy. I ran Earl Turner’s information through my computer and found that he had a handgun license but that it had expired in 2008 and not be renewed.
Case 14
States Evidence
– Officer Harold Francis
– Witness Paul Blart
– Witness – Lab Tech Frank Pelfrey
– Exhibit 1 – Evidence bag containing suspected marijuana
– Exhibit 2 – Lab Report stating that substance in Exhibit 1 tested positive for THC
– Exhibit 3 – Evidence bag containing syringe
– Exhibit 4 – Lab Report stating that substance in syringe in Exhibit 3 tested positive for Heroine
– Exhibit 5 – Evidence bag containing Wallet and plastic bag with off white crystals
– Exhibit 6 – Lab Report stating that substance in Exhibit 5 tested positive for Methamphetamine
– Exhibit 7 – Evidence bag containing several layers of plastic bags with white powder inside
– Exhibit 8 – Lab Report stating that substance in Exhibit 7 tested positive for Cocaine
– Exhibit 9 – Black 0.40 caliber handgun
Other
– Either party may introduce any statutes, local ordinances, IMPD General Orders, etc… that it wishes to use.
Charging Info for Earl Hickey Doe
Count I – Resist by Flight – On or about November 3, 2015, in Marion County, State of Indiana, the following named defendant, Earl Hickey, did knowingly flee from Paul Blart Hickey, a law enforcement officer with the Indianapolis Housing Agency, after said officer had, by visible or audible means, including operation of the law enforcement officer’s siren or emergency lights, identified himself or herself and ordered the defendant to stop
– Count II – Trespass – Earl Hickey, on or about November 3, 2015, in Marion County, IN did knowingly or intentionally enter the real property, that is 3100 Bourse Ave, of the United States Federal Government, after having been denied entry by said other person or an agent of said other person, Earl Hickey not having a contractual interest in said real property.
– Count III – Possession Marijuana – On or about November 3, 2015, in Marion County, IN Earl Hickey did knowingly or intentionally possess a controlled substance, to wit: marijuana.
– Count IV – PI – On or about November 3, 2015, John Doe, in Marion County, State of Indiana, at 3100 Bourse Ave, a public place or place of public resort, the following named defendant Earl Hickey, was in a state of intoxication caused by the person’s use of alcohol or a controlled substance (as defined in IN 35-48-1-9; further, the defendant endangered his life, or the life of another person; breached the peace; or harassed, annoyed, or alarmed another person.
– Count V – Meth – On or about November 3, 2015, in Marion County, State of Indiana, the following named defendant, Earl Hickey, did knowingly or intentionally possess methamphetamine, pure or adulterated, a narcotic classified in Schedule I.
– Count VI – Cocaine – On or about November 3, 2015, in Marion County, State of Indiana, the following named defendant, Earl Hickey, did knowingly or intentionally possess cocaine, pure or adulterated, a narcotic classified in Schedule I.
– Count VII – Dealing Cocaine – On or about November 3, 2015, in Marion County, State of Indiana, the following named defendant, Earl Hickey, did knowingly or intentionally possess with intent to deliver cocaine, pure or adulterated, a narcotic classified in Schedule I.
Charging Info for Joy Turner
– Count I – PI – On or about November 3, 2015, Joy Turner Doe, in Marion County, State of Indiana, at 3100 Bourse Ave, a public place or place of public resort, the following named defendant John Doe, was in a state of intoxication caused by the person’s use of alcohol or a controlled substance (as defined in IN 35-48-1-9; further, the defendant endangered his life, or the life of another person; breached the peace; or harassed, annoyed, or alarmed another person.
– Count II – Resist by Force – On or about November 3, 2015, in Marion County, State of Indiana, the following named defendant Joy Turner, did knowingly and forcibly resist, obstruct, or interfere with Officer Harold Francis with the IMPD, while said officer was lawfully engaged in the execution of his duties as a law enforcement officer.
– Count III – Handgun No License – On or about November 3, 2015, in Marion County, State of Indiana, Joy Turner did carry a handgun in or upon the defendant’s vehicle or person without a license in the defendant’s possession;
– Count IV – Paraphernalia – On or about November 3, 2015, in Marion County, State of Indiana, the following named defendant, Joy Turner, did knowingly or intentionally possess an instrument, a device, or another object, to wit, a syringe, that the person intends to use for introducing into the person’s body a controlled substance, to wit heroin, listed on Schedule I of the Indiana Uniform Controlled Substances Act.
– Count V – Heroine – On or about November 3, 2015, in Marion County, State of Indiana, the following named defendant, Joy Turner, did knowingly or intentionally possess Heroine, pure or adulterated, a narcotic classified in Schedule I.
– Count VI – Meth – On or about November 3, 2015, in Marion County, State of Indiana, the following named defendant, Joy Turner, did knowingly or intentionally possess methamphetamine, pure or adulterated, a narcotic classified in Schedule I.
– Count VII – Cocaine – On or about November 3, 2015, in Marion County, State of Indiana, the following named defendant, Joy Turner, did knowingly or intentionally possess cocaine, pure or adulterated, a narcotic classified in Schedule I.
– Count VIII – Dealing Cocaine – On or about November 3, 2015, in Marion County, State of Indiana, the following named defendant, Joy Turner, did knowingly or intentionally possess with intent to deliver cocaine, pure or adulterated, a narcotic classified in Schedule I.
Probable Cause Affidavit
– On Nov 3, 2015, security officer Paul Blart was working for the Indianapolis Housing Agency. Blart was patrolling the public housing complexes in order to attempt to improve the quality of life in public federally assisted housing. Officers target problem areas identified through analysis and intelligence data collected by the OSI, the HUD office of the Inspector General, and the individual public housing managers. Blart was specifically at a complex of the 3100 block of Bourse Ave, which is HUD housing owned by the Federal government. It was raining lightly and had been raining off and on. Blart observed a four door white Chevrolet impala that was parked in a parking space. Blart observed the drivers side rear window of the vehicle was down approximately four inches. The fact that it was raining and the fact that the window was down caused Blart to focus on the vehicle. Blart drove closer to the vehicle and observed smoke rising from the opening in the rear window. Blart believed the vehicle to be occupied with more than one person due to the fact that the smoke was exiting through the rear window. At this point, Blart called Officer Harold Francis, who assists Blart when criminal activity is suspected. As Blart drove his security vehicle behind the parked vehicle, an individual later identified as Earl Hickey exited the vehicle at a fast pace. Blart ordered Hickey back to the vehicle. Hickey continued to walk away. Blart then ordered Hickey several times to stop and Hickey began running. It was at this point that Officer Francis arrived on scene and observed Hickey running. Officer Francis activated his vehicles fully equipped lights and sirens, at which point Hickey stopped. After Hickey stopped, the front driver side door of the vehicle opened, and Joy Turner exited the vehicle and began running. However, she was unable to run in a straight line and weaved back and forth in a zig zag pattern. After running about 20 feet she ran into a telephone pole and fell to the ground where she remained. I immediately recognized Turner upon seeing her, as she is a resident of this complex and has been involved in previous disturbance calls. Officer Francis spoke briefly to Blart about what had occurred. Officer Francis has previously had interactions with Hickey at this apartment complex and has previously notified him that he was trespassed from this location. At this point, Officer Francis instructed Hickey that he was being placed under arrest for criminal trespass, and resisting arrest because he had disobeyed Blart’s orders and Blart is employed by the government to secure this area. Hickey was arrested without incident. Search incident to arrest revealed that Hickey had a clear plastic bag with suspected marijuana. Officer Francis spoke to Hickey about why he had returned to the complex, as I had previously instructed him not to return there. Hickey was very slow to answer and several seconds would pass between my questions and Hickeys answers. Hickey’s eyes were red and bloodshot and he smelled of alcohol. Hickey had trouble keeping his balance, which concerned me as he was handcuffed, so I asked to sit on the curve, to which order complied. He later laid down on the sidewalk, which I found to be quiet alarming. After mirandizing Hickey, I asked Hickey if he needed medical attention and what he had taken. He stated that he had drank a small amount of vodka, smoked marijuana, and taken oxytocin. However, he declined medical attention. I asked Hickey who the vehicle belonged to, and he stated it was his. I asked Blart to watch Hickey. I then turned my attention to Joy Tuner, who was still next to the telephone pole but had now sat up and was rubbing her head. I had maintained visual contact on her. As I approached Turner, from several feet away, I was able to smell a very strong odor of alcohol. Her eyes were red and blood shot. Her speech was mumbled and difficult to understand. I decided to place her under arrest for public intoxication, as I was concerned that she would hurt herself if I did not take her into custody. I ordered her to stand to her feet which she did. I handcuffed her right wrist behind her back without incident. When I reached for her left wrist, she began to pull away and pivot the left side of her body towards me as if she was trying to face me. Her left elbow straightened up, and she began to pull her left arm in front of her body in an attempt to evade me from placing her into handcuffs. I reached around the left side of her body in an attempt to pull her hand back. She pushed her right back shoulder into my chest in an attempt to leverage her left arm away from me. While I was reaching for her left arm, I felt a hard metal object in her waistband and immediately became concerned that she might have a firearm. At that point, I raised my left knee into Turners back and forced her to the ground falling forward on top of her. At this point I was able to secure her left arm and handcuffed it behind her as well. I then reached into the waist band area of the front of her pants and removed a black .40 caliber glock handgun. I asked Turner if she had any other weapons on her. She said, “No, I just got the gun from Hickey today because there have been a lot of break ins here and I am worried about someone breaking into my unit.” I asked her if she had a license for the handgun, and she said yes. I later ran her information through the system and was unable to find that she has ever hand a handgun permit in the State of Indiana. I patted Turner down and found a syringe loaded with suspected heroine in her left pocket. I also found a wallet in her right pocket. The wallet contained Earl Hickey’s ID and debit cards, as well a small bag of suspected methamphetamine. I asked her why she had Hickey’s wallet, and she stated that he had asked her to hold it because it was bulky and felt uncomfortable in his pocket. I then turned my attention to the vehicle. I began conducting an inventory of the vehicle in order to tow it. I observed a black back pack in the vehicle in the back seat, where Hickey been sitting. I opened the black back pack and found a large amount of suspected cocaine in several layers of plastic baggies. I estimate the cocaine to weigh at least one pound. I went back to Hickey and confronted him regarding the large amount of cocaine. He stated that he was not dealing the cocaine, but was merely being paid to transport it from Chicago to a safe house in Indianapolis. He would not tell me where the safe house was. Because Turner was armed with a deadly weapon, I suspected that she might have some involvement in the dealing. I mirandized her, and asked her what involvement she had had with the large amount of Cocaine. She stated that Hickey was her boyfriend and that he had asked her to come along for added protection as he did not trust any of his friends as they might snitch on him. I asked her where the safe house was, but she also would not tell me the location of the safe house. At that point, Turner’s mother, Wanda Turner arrived on scene. Turner asked if I would release the vehicle to her so that she would not have to pay an impound fee. I released the vehicle to Wanda Turner. All events occurred in Marion County.
Case 15
States Evidence
– Officer Johnny Law
– Officer Javert
– Witness – Lab Tech Frank Pelfrey
– Exhibit 1 – Evidence bag containing glock handgun
– Exhibit 2 – Evidence bag containing Smith and Wesson handgun
– Exhibit 3 – Evidence bag containing several suspected marijuana stalks
– Exhibit 4 – Lab Report stating that substance in Exhibit 1 tested positive for THC and weighed 2.3 pounds
Other
– Either party may introduce any statutes, local ordinances, IMPD General Orders, etc… that it wishes to use.
Charging Info for John Doe
Count I – Resist by Flight – John Doe, on or about November 3, 2015, in Marion County, IN did knowingly flee from Officer Johnny Law, a law enforcement officer empowered by the IMPD, after Johnny Law had identified himself by visible or audible means and ordered John Doe to stop.
Count II – Handgun No License – John Doe, on or about November 3, 2015, in Marion County, IN did knowingly carry a handgun in a vehicle or on or about his person, without being licensed.
Charging Info for Hugo Vick
Count I – Resist by Flight – Hugo Vick, on or about November 3, 2015, in Marion County, IN did knowingly flee from Officer Johnny Law, a law enforcement officer empowered by the IMPD, after Johnny Law had identified himself by visible or audible means and ordered John Doe to stop.
Count II – Criminal Mischief – Hugo Vick, on or about November 3, 2015, in Marion County, IN did recklessly, knowingly, or intentionally damage or deface the property, to wit a glass window, of another person, to wit, John and/or Cossette Val, without the other person’s consent.
Count III – Residential Entry – Hugo Vick, on or about November 3, 2015, in Marion County, IN did knowingly or intentionally break and enter the dwelling of another person, to wit John and/or Cossette Val.
Count IV – Handgun No License – Hugo Vick, on or about November 3, 2015, in Marion County, IN did knowingly carry a handgun in a vehicle or on or about his person, without being licensed.
Charging Info for John Val
– Count I – Marijuana – On or about November 3, 2015, in Marion County, State of Indiana, the following named defendant, John Val, did knowingly or intentionally possess marijuana.
– Count II – Dealing Marijuana – On or about November 3, 2015, in Marion County, State of Indiana, the following named defendant, John Val, did knowingly or intentionally possess with intent to deliver marijuana.
– Count III – Neglect of a Dependent – On or about November 3, 2015, in Marion County, State of Indiana, John Val, having care of a dependent, having the care of a dependent, to wit: Lucy Val and/or Matthew Val, whether assumed voluntarily or because of a legal obligation, knowingly or intentionally placed the dependent in a situation that endangers the dependent’s life or health.
Probable Cause Affidavit
– On November 3, 2015, I Officer Johnny Law was on patrol as a two officer car with Officer Javert. We were stopped in the 4000 block of N Meridian St when we witnessed a gray 2014 Chrysler 200 plate # 24601. The vehicle was travelling south bound on N Meridian St and I noticed the vehicle only had one working break light. I stopped the vehicle to write an infraction under IC 9-19-6-17. As I approached the vehicle, Doe kept both his right and left hand on the steering wheel in plain view. However, the passenger made furtive movements. Upon approach of the vehicle on the driver’s side I met with the driver John Doe and the passenger Hugo Vick. I ran a routine driver’s license check on the information provided by John Doe and found that he had an out of county warrant. I then approached the vehicle, and stated through the driver’s side window, there is an out of county warrant, we need to wait to see if they are going to extradite. I was speaking to John Doe. However, Vick, apparently thinking that I was speaking to him, opened the passenger side door and began running, leaving the passenger door open. Officer Javert exited our vehicle and began pursuing Vick. Because Doe was in a vehicle with an open warrant, I remained with the vehicle and Doe. Officer Javert chased Vick who ran to a house and attempted to open the front door, but was unsuccessful, as the door was locked. Officer Javert yelled stop several times. Vick then took a folding chair off the front deck of the house, and broke the front window of the residence and climbed through the broken window. At this point, I instructed Doe to remain with the vehicle and instructed him to give me his keys, to which order he complied. I then ran towards the house. As I was running up the stairs to the house, Officer Javert had followed through the window and unlocked the door. I entered through the open door with my service firearm drawn. Vick ran down a hallway and entered a room, locking the door behind him. We instructed the residents of the house, of which there were several, to exit the house as we were uncertain of whether Vick was armed and for their safety. One resident, later identified as John Val, said, this is my house, you have no right to be here, get out. I again instructed them to leave at which point they complied. The room that Vick had entered was locked. Javert used the weight of his shoulder against the door, which caused the frame of the door to break. We entered the room with our weapons drawn. Other than the entry door, there was no ways to exit the room and no windows. At this point Vick gave up and was placed under arrest. The room we were in had aluminum foil on the walls and large lights as well as several bags of potting soil. This is often associated with drug activity, specifically, the growing of marijuana. After Vick was secured I returned to our marked vehicle and placed Vick in the back of our IMPD squad car. I approached the Chrysler which we had initially stopped. The vehicle was where I had left it but John Doe was no longer in the vehicle. I walked over to the passenger side of the vehicle and observed a black 40 caliber glock handgun in the side compartment of the door. I asked Vick if he had a handgun license, to which he stated he did not. I retrieved an evidence bag to place the handgun into. I did not ask Vic any additional questions at this time, but as I was reaching to remove the gun, he stated, be careful, there is one in the chamber, which I took to mean that he knew the gun was loaded. I then went to the house, where Javert was conducting his investigation. When I entered the home, I could smell a very strong odor of unburnt marijuana. I walked towards this odor and found that Javert had found four marijuana stalks drying in a closet. While he secured this evidence I went out to the front porch and told the individuals on scene that we had found marijuana being grown in the house. After mirandizing the individuals, I and asked whose it was. Initially, no one answered. I instructed the individuals that both adults would be arrested and that CPS would be called if no one accepted responsibility for the marijuana, as there were two individuals present who appeared to be under the age of 10 and living in a grow house is dangerous for a child. A male individual, named John Val then stated as if to everyone, well there is no point in all of us going to jail, I might as well just take the case. He then looked at me and said, its my weed, but I am just growing it for personal use. John Val was arrested for dealing marijuana, possession of marijuana, and neglect of a dependent. I am also requesting that a warrant be issued for John Doe, for resisting arrest. I decided to tow the vehicle, as it was abandoned, and I still had the keys to the vehicle, and the driver had fled. When the vehicle was inventoried, I found an additional Smith and Wesson 40 caliber handgun in the driver’s door compartment, which I believe belonged to John Doe.
Case 16
State’s Evidence
– Officer Johnny Law
– Jane Smith
– Amber King
– Lab Tech Frank Pelfrey
– Exhibit 1 – photograph of vehicle with smashed windows and slashed tires
– Exhibit 2 – photograph of garage door with spray paint
– Exhibit 3 – Evidence bag containing a clear plastic baggie and a green leafy substance
– Exhibit 4 – Lab report prepared by Frank Pelfrey stating that Exhibit 3 tested positive for THC
Other
– Either party may introduce any statutes, local ordinances, IMPD General Orders, etc… that it wishes to use.
Charging Info
– Count I – Criminal Mischief – Tom Price, on or about August 4, 2016, in Marion County, IN did recklessly, knowingly, or intentionally damage or deface the property, to wit a vehicle and/or garage door of another person, to wit, Jane Smith, without the other person’s consent.
– Count II – Possession of Marijuana – Tom Price, on or about August 4, 2016, in Marion County, IN did knowingly or intentionally possess a controlled substance, to wit: marijuana, in an amount under 30 grams.
Probable Cause Affidavit
– On August 4th at approximately 5:35 PM I was dispatched to 456 Main Street on a report of criminal mischief. Upon arrival, I observed a vehicle (2005 Honda Civic) parked in the driveway of the residence; the vehicle had extensive damage. The windows were shattered and all four (4) tires were flat. I further observed that all 4 tires had large “cuts.” It looked as if someone had used a knife to “slash” the tires. After observing the vehicle, I noticed that there was graffiti on the garage-door of the residence. The garage door was brown and had words written with orange spray paint. The graffiti on the garage-door stated “fuck you BITCH.” After observing this vandalism, I then spoke with the homeowner (Jane Smith).
Jane Smith (Smith) advised that she was at work all day and arrived home at approximately 5:05 PM. After arriving home, she observed the damage to her vehicle (owns 2 vehicles) and the graffiti on the garage-door. Smith further advised that she had been “feuding” with her neighbor. She stated that Tom Price (Price) was her neighbor and that they didn’t get along. She stated that, approximately a month ago, she called the police on him because of a loud party at his residence. She believed that he might be upset because of this “police incident.” Smith wasn’t positive, but she thought that the police issued a “noise violation” to Price on the night of the “incident.”
At this time I decided to go speak with Price. Smith advised that Price lived at 404 Main Street (3 homes to the west). On my way to Price’s residence, a neighbor (later identified as Amber King) approached and asked to speak with me. King stated that at approximately 3:30 PM she observed Price in the driveway of the home. She stated that she didn’t actually see Price doing the “damage,” but that he was holding a spray paint can and walking towards his home. King has lived in the neighborhood for many years and has known Price during that entire time.
After speaking with King, I then proceeded to the home of Price. I knocked on the door of the home and Price answered. I identified myself and asked to speak with him. Price told me that “he hates the police and would not speak with me.” During this short interaction I noticed that Price had orange spray paint on his fingers. At this time, I placed Price in handcuffs and arrested him for criminal mischief.
After arresting Price I searched his person. In his back pocket I found a green leafy substance that was contained in a clear plastic bag. I then advised Price of his Miranda rights and asked him about the suspected marijuana. He stated that “he was exercising his right to remain silent.” I respected his rights and then placed him my patrol vehicle. The green leafy substance “field tested” positive for marijuana.
I then proceeded to transport Price to the APC. On the way to the APC, Price told me that he wanted to speak about the incident that occurred at Smith’s house. I told him that I needed to re-advise him of his Miranda rights. He told me that “he already knew all that bullshit.” I told him it was necessary that I read him his rights again. I then read him Miranda and he proceeded to tell me about the incident. Price stated that he “slashed” the vehicle’s tires and spray painted the graffiti on the garage-door. He stated that he was “upset” with Smith because she had called the police on his party approximately a month ago.
All evidence was submitted to the property room:
(1) Marijuana (field tested positive)
(2) Photos of damage (vehicle and garage)
END REPORT
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