Bergfeld v. State

531 N.E.2d 486, 1988 Ind. LEXIS 349, 1988 WL 133912
CourtIndiana Supreme Court
DecidedDecember 15, 1988
Docket49S00-8607-CR-689
StatusPublished
Cited by43 cases

This text of 531 N.E.2d 486 (Bergfeld v. State) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bergfeld v. State, 531 N.E.2d 486, 1988 Ind. LEXIS 349, 1988 WL 133912 (Ind. 1988).

Opinions

GIVAN, Justice.

A jury trial resulted in appellant’s conviction of Possession with Intent to Deliver Cocaine, a Class A felony, for which he received a sentence of thirty-five (35) years; Possession of Diazepam, a Class D felony, for which he received a sentence of four (4) years; and Carrying a Handgun Without a License, a Class A misdemeanor, for which he received a sentence of one (1) year, all sentences to run consecutively.

The facts are: On April 28, 1985, Officer Odie of the Indianapolis Police Department received a radio dispatch which sent him to a residence on Epler Avenue. At the residence, J.M. informed Odie that appellant and his codefendant, Robert Orth, abducted her from a local nightclub and took her to a motel on Post Road. In the motel room, she was held at gunpoint, tied up, injected with cocaine, and repeatedly raped by both men. After the men consumed drugs and passed out, J.M. escaped from the motel room and took a cab to the residence on Epler Avenue and called police.

Officer Maxey was sent to the motel to investigate the incident. The hotel clerk informed him that Orth had registered and paid for Room 117 on April 27. Several officers were placed in and around the motel to watch the room. At approximately 11:30 a.m., police asked the hotel clerk to call Room 117 and ask whether they planned to check out at noon or stay another day. Appellant told the clerk that he would come to the desk and pay for another day in a few minutes.

Shortly thereafter, police watched appellant leave the motel room, get in his car and quickly drive out of the parking lot. Police followed appellant and, driving directly behind him, turned on their flashing red lights. Appellant accelerated quickly and police were able to surround his vehicle and force him off the road. As appellant stepped out of his vehicle, police noticed a gun in his right rear pocket. They removed the gun from his pocket and transported him back to the motel.

Police then knocked on the door of Room 117 and identified themselves. Orth opened the door. Police entered and saw white powder and some scales on a table. Orth was arrested. Upon a warrantless search, police found narcotics “cutting” agents, a grinder, a sifter, plastic sandwich bags, small bottles, and other drug paraphernalia. A forensic chemist determined that the seized items were seven tablets of Diazepam and over ten grams of cocaine.

Appellant first argues the trial court erred in denying his motion to suppress certain evidence found in his motel room. He contends that there was no probable cause for his arrest and the warrantless search of the motel room violated his Fourth Amendment right of protection against unreasonable searches and seizures.

An arrest without a warrant is permissible if, at the time of the arrest, the arresting officer had probable cause to believe the defendant had committed a felony. [490]*490Probable cause exists when, at the time the arrest, the arresting officer has knowledge of facts and circumstances which would warrant a man of reasonable caution to believe that the defendant committed the criminal act in question. Collins v. State (1987), Ind., 509 N.E.2d 827.

In the present case, the information supplied by the informant and appellant’s attempted getaway were sufficient probable cause to justify his arrest.

A warrantless search is not illegal when police have probable cause to believe the search will produce evidence that a crime has been committed and are faced with exigent circumstances which render the procurement of the warrant impractical. Probable cause exists where the facts and circumstances with the knowledge of the officer making the search are sufficient in themselves to warrant a person of reasonable caution to believe that an offense has been or is being committed. Robles v. State (1987), Ind., 510 N.E.2d 660.

In appellant’s case, police acted upon the information from an alleged rape victim that appellant and Orth had kid-naped her, injected her with cocaine, and had possessed and consumed cocaine in the motel room. They had probable cause to believe that an offense had been or was being committed. Because appellant and Orth still occupied the room in which the alleged offenses occurred, it was reasonable for them to believe that a search of the room would produce evidence of the crimes.

Further, it would have been impractical for police to delay the search until a warrant was issued. A postponed search could have resulted in the disappearance of appellant and the evidence with no means of tracing his whereabouts. We find that sufficient probable cause and exigent circumstances existed to justify the warrantless search of appellant’s motel room.

The record shows that immediately after police entered appellant’s motel room and detained Orth, they saw a white powdery substance, a scale, and a device used for smoking marijuana in plain view. Grocery bags on the bed contained narcotics and drug paraphernalia. Because police were lawfully in a place where they could view the property seized, the seizure of the evidence was proper under the plain view doctrine. Clark v. State (1986), Ind., 498 N.E.2d 918. The trial court did not err in denying appellant’s motion to suppress.

Appellant argues that the evidence is insufficient to sustain his convictions of possession with intent to deliver cocaine and possession of diazepam. He asserts that there is no evidence that the drugs belonged to him, especially considering the fact that he had no drugs and only a small amount of money with him when he was arrested.

Appellant acknowledges that this Court will not reweigh the evidence or judge the credibility of the witnesses. Alfaro v. State (1985), Ind., 478 N.E.2d 670.

The State does not need to prove actual physical possession to establish an accused’s possession of illegal drugs, but needs only to prove constructive possession. Constructive possession is the intent and capability to maintain dominion and control over the illegal drugs. Proof of a possessory interest in the premises in which the illegal drugs are found is adequate to show the capability to maintain dominion and control over the items in question. However, when possession of the premises is not exclusive, the inference of intent must be supported by additional circumstances pointing to an accused’s knowledge of the nature of the controlled substances and their presence. Davenport v. State (1984), Ind., 464 N.E.2d 1302, cert. denied, 469 U.S. 1043, 105 S.Ct. 529, 83 L.Ed.2d 416.

Both the record and appellant’s brief make it clear that he spent the night in the motel room, provided money for its rental and planned to spend another night there. These facts, coupled with appellant’s attempt to escape from police, were sufficient to show he knew of the presence and nature of the drugs in the motel room. Id.

[491]*491Appellant next argues that the trial court erred in allowing a police officer to testify as an expert about the usual way narcotics are packaged and sold.

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Cite This Page — Counsel Stack

Bluebook (online)
531 N.E.2d 486, 1988 Ind. LEXIS 349, 1988 WL 133912, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bergfeld-v-state-ind-1988.