Mario Deon Watkins v. State of Indiana

67 N.E.3d 1092, 2017 Ind. App. LEXIS 2, 2017 WL 67549
Indiana Court of Appeals·Decided January 6, 2017·No. 82A01-1510-CR-1624·Published·Cited by 2 cases

Opinions

BROWN, Judge.

Mario Deon Watkins appeals his convictions for two counts of possession of a controlled substance as class A misdemeanors, possession of cocaine as a level 6 felony, possession of marijuana as a class B misdemeanor, and maintaining a common nuisance as a level 6 felony. Watkins [1094] raises two issues, one of which we find dispositive and which we revise and restate as whether the court abused its discretion or erred in admitting evidence discovered as a result of a search. We reverse.

Facts and Procedural History

At some point, a confidential informant told Evansville Police Detective Chris Goergen that he had observed cocaine, marijuana, and a firearm at a residence in Evansville. In the late afternoon or early evening on December 16, 2014, Detective Goergen spoke with the informant who had seen the firearm in the residence earlier that day. The informant confirmed through a photo that Watkins was the individual he saw inside the residence with narcotics and a gun.

On December 17, 2014, Detective Goergen completed an affidavit for a search warrant, which alleged that cocaine and other evidence was being concealed in or about the premises and curtilage located at 314 W. Illinois Street in Evansville. The affidavit alleged:

Within 48 hours of December 16, 2014, a credible and reliable confidential informant (hereinafter “Cl”) observed more than ten (10) grams of crack cocaine inside of 314 W. Illinois St., Evansville, IN. Your Affiant met with Cl and had Cl direct him to the residence in your Affiant’s vehicle. Law enforcement has had prior dealings with Frederick A. Jackson (D.O.B.: 12.26.1985) at 312 W. Illinois St., Evansville, IN. Cl advised that Jackson had moved from 312 W. Illinois St. to 314 W. Illinois St., Evansville, IN. As noted above in the description, 312 W. Illinois St. and 314 W. Illinois St. are both located in the same building.
During surveillance on 314 W. Illinois St., Evansville, Indiana in the early morning hours of December 17, 2014, Detectives came to determine that at least one (1) resident of 314 W. Illinois St., Evansville, IN is Mario Watkins (D.O.B.: 8.4.1985). An attempt to secure a photograph of Frederick A. Jackson (D.O.B.: 12.26.1985) for comparison proved fruitless.
With respect to Cl’s credibility and reliability: Cl has been working with Detectives with the Evansville Vander-burgh County Joint Drug Task Force for over one (1) year. The information provided by Cl has led to the arrest of numerous individuals involved in narcotics activity. The arrests made on the information provided by Cl have resulted in convictions on both the federal and state level. Cl has provided information that has been utilized on judicially issued search warrants. Information provided by Cl has led to the seizure of multiple pounds of narcotics in the Evansville, Vanderburgh County, Indiana area.

Confidential Exhibits at 28-29. The affidavit also alleged:

Your affiant has learned in his training and experience that persons involved in the dealing of narcotics frequently possess or carry firearms either in trade for narcotics or for protection of their narcotics dealing assets, both product and proceeds.
Your affiant speaks from personal knowledge and observation and believes that the persons giving the information contained herein speak from personal knowledge and observation and are reliable and credible in that they voluntarily relayed the above information to your affiant in the course of your affiant’s duties as a law enforcement officer in an effort to aid in the investigation of this offense.

Id. at 33. The trial court granted a search warrant.

Detective Goergen relayed the address, the names of the persons who were [1095] possibly inside the building, and that there was a firearm and cocaine seen inside at some point the day before to the assisting investigators and the Evansville SWAT team. In the briefing, the SWAT team were informed that there was a woman and three men inside and a firearm. Evansville Police Detective Michael Gray, a member of the SWAT team, decided with other members of the team how to execute the entry into the house based on information that a gun was seen in the house within the last twenty-four hours, that there were narcotics in the house, and the criminal history of the possible suspects.

On December 17, 2014, Detective Goergen surveilled the house for “an hour, an hour and a half ... give or take, 15, 30 minutes or so,” prior to executing the warrant. Transcript at 34. Another detective surveilling the property informed Detective Goergen that he had seen someone matching Watkins’s description exit the house and go out to the back of the house with trash cans and then re-enter.

The SWAT team rode in a Lenco Bearcat that followed a patrol vehicle to the residence. At least a dozen officers were involved. Upon arrival and prior to entry, three officers and a police vehicle approached the rear of the residence and at least nine officers, most armed with assault weapons, approached the front of the residence. At 10:30 a.m., the police knocked on the residence and one of the officers announced, “Police-Search Warrant-Police-Search Warrant,” and another officer announced over a loudspeaker “Search Warrant. 314 Illinois.” State’s Exhibit 1 at 3:55-4:00. One second later, the SWAT team knocked down the door with a battering ram. State’s Exhibit 1 at 4.01.

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Mario Deon Watkins v. State of Indiana, 67 N.E.3d 1092, 2017 Ind. App. LEXIS 2, 2017 WL 67549 (Ind. Ct. App. 2017).

67 N.E.3d 1092 (Mario Deon Watkins v. State of Indiana) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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