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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

ATTORNEYS FOR APPELLANT: STEVE CARTER Attorney General of Indiana CYNTHIA L. PLOUGHE Deputy Attorney General Indianapolis, Indiana

ATTORNEY FOR APPELLEE: DAVID M. UMPLEBY Umpleby & Umpleby, PC Paoli, Indiana

IN THE COURT OF APPEALS OF INDIANA
STATE OF INDIANA, Appellant-Plaintiff, vs. DOUGLAS E. SHIPMAN, Appellee-Defendant. ) ) ) ) ) ) ) ) )

No. 59A01-0704-CR-189

APPEAL FROM THE ORANGE CIRCUIT COURT The Honorable Larry R. Blanton, Judge Cause No. 59C01-0403-FA-31

August 30, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary The State appeals the trial court order granting Defendant-Appellee Douglas E. Shipman's ("Shipman") motion to suppress evidence. We reverse and remand. Issue The State raises the issue of whether the trial court erred in granting Shipman's motion to suppress evidence obtained pursuant to a warrant founded upon items discovered in a trash search. Facts and Procedural History In February of 2004, the Indiana State Police received information from a confidential informant that Shipman was dealing marijuana and methamphetamine from his residence in French Lick, Indiana. The confidential informant indicated that he purchased drugs at Shipman's residence earlier in the month. The Indiana State Police had used the particular confidential informant in a prior controlled buy as well as the basis for other warrants. On the morning of March 15, 2004, Trooper Kirby Stailey ("Trooper Stailey") was in French Lick performing a pick up of trash from another residence in an unrelated investigation when he observed two trash bags placed out for collection at Shipman's residence. Aware that Shipman was suspected of dealing drugs from his home, Trooper Stailey contacted Trooper Greg Ashby ("Trooper Ashby") so that he could perform a trash pull at Shipman's residence. At approximately 8:45 a.m. that same morning, the French Lick Street Commissioner ("Street Commissioner") drove Trooper Ashby to Shipman's residence in a pick-up truck 2

owned by the Street Department to seize the trash bags. When they arrived, Trooper Ashby testified that he observed two trash bags, one partially in the roadway and the other on the edge of a gravel cut. Contrary to Trooper Ashby's testimony, Street Commissioner, Timothy Mills, testified that the bags were five feet up the bank of Shipman's yard in their usual location for collection. Trooper Ashby, wearing plain clothes, exited the truck, seized the trash bags and placed them in the back of the pick-up truck. After arriving at the French Lick Police Station, the two trash bags were searched. In the larger of the two trash bags, the troopers discovered a large gallon-size freezer bag with remnants of marijuana. The large trash bag also contained mail addressed to Shipman. Trooper Ashby used this information to apply for and obtain a search warrant for Shipman's residence. Based on the evidence obtained in the execution of the search warrant, the State charged Shipman with Dealing in Methamphetamine, as a Class A felony, 1 Possession of Methamphetamine, as a Class C felony, 2 Receiving Stolen Property, as a Class D felony, 3 Maintaining a Common Nuisance, a Class D felony, 4 Possession of a Controlled Substance, as a Class D felony, 5 Unlawful Possession or Use of a Legend Drug, as a Class D felony, 6

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Ind. Code

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