Frasier v. State

794 N.E.2d 449, 2003 Ind. App. LEXIS 1563, 2003 WL 22010541
CourtIndiana Court of Appeals
DecidedAugust 26, 2003
Docket07A01-0207-CR-239
StatusPublished
Cited by19 cases

This text of 794 N.E.2d 449 (Frasier v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Frasier v. State, 794 N.E.2d 449, 2003 Ind. App. LEXIS 1563, 2003 WL 22010541 (Ind. Ct. App. 2003).

Opinions

[452]*452OPINION

SULLIVAN, Judge.

Appellant, Larry R. Frasier, Jr., brings this discretionary interlocutory appeal challenging the trial court's decision to deny his motion to suppress certain evidence. Frasier presents four issues for our review, which we restate as the following three:

L. Whether the search warrant issued by the trial court was supported by probable cause;
II. Whether, i#f the search warrant was improperly issued, the evidence obtained as a result of the issuance of the warrant is nevertheless admissible under the "good faith" exception; and
III. Whether images discovered during a search of Frasier's personal computer may properly be entered into evidence.

We affirm.

The record reveals that on November 1, 2000, Brown County Sheriff's Department Detective Scott Southerland prepared an affidavit seeking a search warrant authorizing a search of Frasier's residence. The affidavit being essential to the resolution of this case, we set forth the contents thereof:

"I, Scott Southerland, swear or affirm under penalties for perjury that the following is true.
I am a law enforcement officer with the Brown County Sheriff's Department. In that capacity I have received criminal information concerning Larry R. Frasier Jr. who resides at 6390 Oriole Drive, Nineveh, Indiana 46164.
Approximately ninety days ago, I talked with Deputy Bernie McGaha who told me he had received information from a concerned citizen, a person who wished to remain anonymous. (CS# 1) This person wished to remain anonymous because of fear of retaliation. CS# 1 told Deputy McGaha that he/she had been inside the Frasier residence. CS# 1 said he/she had seen processed marijuana and marijuana plants growing in the garage. CS# 1 further said that he/she has seen Frasier smoking marijuana in his house and in his yard, and that he/ she had seen Frasier smoke marijuana with his daughter and/or son. CS# 1 also told Deputy McGaha that he/she had seen Frasier's daughter roll mariJuana cigarettes for her father, and he/ she thought it was likely that Frasier has molested his daughter. Frasier's daughter, [M.F.], is now 19 years old. CS# 1 said that he/she was shown pornographic pictures that Frasier had on his computer. CS# 1 believed these pornographic pictures were of children. CS# 1 told Deputy McGaha that he/she was shown lights used to grown marijuana plants indoors by Larry Frasier.
At about the same time, I talked with Deputy Randy Taggart who related a report taken from CS# 1 where CS# 1 reported in essence the same thing as CS# 1 reported to Deputy McGaha. CS# 1 did tell Deputy Taggart that he/ she has seen Larry Frasier and his daughter [M.F.] come outside the house when they were apparently wearing only towels. CS# 1 told Deputy Taggart he/ she had heard Larry Frasier make a comment about a neighbor girl, stating that she would be 'an easy target.'
CS# 1 later told Deputy McGaha that he/she believed Frasier was trying to straighten up his act' and didn't want to get involved any further. At the time of CS# I's statements to Deputy McGaha and Deputy Taggart it is believed that CS# 1 and Frasier were having an argument. CS# 1 and Frasier were friends [453]*453prior to this and Deputy McGaha believes they are on friendly terms again. On October 31, 2000 I talked with Deputy John Collins who told me of a report he received a couple months ago from a concerned citizen, a person who wished to remain anonymous. (CS# 2) This person wished to remain anonymous because of fear of retaliation. CS# 2 told Deputy Collins that he/she had visited the Frasier residence about two months ago to pick up his/her children, who were visiting with the Frasier children. CS# 2 told Deputy Collins that while at the residence he/she saw a 'bale of marijuana' in the garage. CS# 2 could not remember for sure how long since this happened but it had been several months prior to reporting it.
On October 31, 2000, I received information from a person who wishes to remain anonymous. (CS# 3) This person said that he/she has been inside the Frasier residence within the past 72 hours and saw marijuana. CS# 3 said that Frasier sold marijuana and was growing marijuana in the garage. I found CS# 8 to be credible. CS# 38 expressed fear of retaliation and believes Frasier to be a violent person capable of causing physical harm. CS#3 believes a person named Tony Cardwell is supplying Fra-sier with marijuana for resale.
On October 81, 2000 I interviewed a person who lives close to Larry Frasier. (CS# 4) This person wishes to remain anonymous because they live nearby and are afraid of retaliation by Frasier. This person stated he/she had been told that Frasier dealt in drugs and was growing marijuana in his garage. CS# 4 told me the name of the person who told him/her this and I found their source of information to be CS# 1 from above. CS# 4 believes this is probably true because CS# 4 has in the past seen a lot of traffic in and out at the residence. CS# 4 said he/she also believed it to be true because a few weeks ago Frasier obscured the windows on the garage so nobody can see inside. CS# 4 said it looked like Frasier had painted the glass windows. CS# 4 said that about 1 1/2 weeks ago they saw a person they knew as Tony Cardwell at the Fra-sier, [sic] outside the house, talking with Frasier. CS# 4 said Frasier had a gun and CS# 4 believed he/she witnessed a drug deal but couldn't articulate why he/she though [sic] that except that Fra-sier had a gun. CS# 4 also told me that his/her spouse was invited into the Fra-sier's residence by Larry Frasier. Fra-sier tried to show the spouse pornographic pictures on his computer by [sic] the spouse declined and said he/she didn't want to see them.
On November 1, 2000 I drove past the Frasier residence. It appears to me that the windows on the overhead garage door are covered or painted black. I saw a stack of black plastic pots behind the garage. I have seen this type of pots [sic] many times in the past, during other marijuana investigations, with marijuana plants in them. I viewed the residence with a thermal im-ager, a device that shows temperature differences between objects. The overhead door to the garage showed signs of higher temperature. What I saw is consistent with the heat pattern that would be present with an indoor marijuana grow where the lights used for the plants produce heat. I have been trained and certified in the use of a thermal imager and it's [sic] application during investigations of indoor marijuana grows.
I checked for criminal history for Larry Frasier through NCIC and found that Frasier was arrested by the Indiana State Police of the Evansville Post for [454]*454smuggling marijuana. This arrest was in 1978 and shows no disposition.
In my training and experience people who deal in illegal drugs keep records of transactions to show who owes money for drugs bought on eredit. The records may be written or kept on a computer. It is also my experience that people who grow marijuana frequently take photographs or make videotape recordings of their marijuana plants. I have also learned in my training and experience that people who deal illegal drugs frequently keep the drugs in a safe, lock-box, or locked room in their residence to keep them secure from visitors and/or their children.

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Frasier v. State
794 N.E.2d 449 (Indiana Court of Appeals, 2003)

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Bluebook (online)
794 N.E.2d 449, 2003 Ind. App. LEXIS 1563, 2003 WL 22010541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frasier-v-state-indctapp-2003.