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[APPEALS]Search and seizure challenged on appeal
Start Date: 3/7/2013Start Time: 12:00 AM
End Date: 3/7/2013End Time: 11:59 PM
Entry Description

Appellant challenges search warrant based on police informants and subsequent trash search

INDIANAPOLIS – Hamilton Southeastern High School will host the Court of Appeals for oral argument in Fuqua v. State on Wednesday, March 13 at 1:45 p.m. The argument will be in Leonard Auditorium, 13910 E. 126th St., Fishers, IN.

A panel of Judges James S. Kirsch, Paul D. Mathias and Terry A. Crone will hear the case on appeal from Allen Superior Court. The public is invited, although guests should contact the school beforehand for security reasons.

Reporters, including student journalists, may ask the court’s permission to video or photograph the oral argument. Requests must be faxed to Court Administrator Steve Lancaster (317-233-4627) at least 48 hours before the scheduled start of the argument. Per Indiana Supreme Court order, all cameras must be tripod mounted and cannot employ flash or strobe lighting. All recording is limited to the oral argument itself; no recording will be allowed during a short Q/A between the judges and audience that will follow the argument.

About this case: Terrance Fuqua was convicted in Allen Superior Court of Class A felony dealing in cocaine, Class B felony unlawful possession of a firearm by a serious violent felon, Class D felony possession of a controlled substance, Class D felony dealing in marijuana, and Class A misdemeanor possession of paraphernalia.

The evidence used to convict Fuqua was obtained during the execution of a search warrant of his residence. The probable cause to support that warrant was based on evidence obtained during a search of Fuqua’s trash and statements from an anonymous informant and two confidential informants that Fuqua was dealing cocaine from his residence.

Fuqua appeals his convictions and argues 1) that law enforcement officers lacked reasonable suspicion to search his trash, and 2) the search warrant was not supported by probable cause because the informants’ statements were not credible. In response, the State disputes those claims, but also argues that even if the search warrant lacked probable cause, the evidence obtained during the search was admissible because the law enforcement officers relied on the warrant in good faith.

The Court of Appeals hears oral arguments across Indiana to enable Hoosiers to observe the court in action and learn more about its indispensable role in Indiana government. This will be the court’s 357th “Appeals on Wheels” event since the court’s 2000-2001 centennial.

For more information about the court, please visit www.courts.in.gov

 

 

# # #

Contact Information:
Name: Martin DeAgostino
Phone: 317-234-4859
Email: martin.deagostino@courts.in.gov
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Entry Type:
Press Release
Entry Category:
  • Oral Arguments
  • IN.gov Category:
  • Law & Justice
  • Agency Name
    Courts, Indiana

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