IN: SW for surveillance recorder was based on probable cause from autopsy not matching defendant’s version of death

Defendant was convicted of murdering his wife. The search warrant for defendant’s home surveillance system was based on probable cause and was not based on stale information. While it was a close case, doubts are resolved in favor of the search warrant, and it did not violate the Fourth Amendment. As to the stale information, it was excised from the affidavit and the remainder still provided probable cause. Pattison v. State, 958 N.E.2d 11 (Ind. App. 2011):

In summary, setting aside stale information and uncorroborated hearsay, the probable cause affidavit indicates that an autopsy produced evidence that conflicted with Pattison’s explanation for Lisa’s death, that Pattison and Lisa were having marital problems to the point that Pattison had filed for divorce, and that a camera surveillance system may have recorded footage outside of the Pattisons’ home on the day that Lisa died. We acknowledge that this is a close case. However, in determining whether an affidavit provided probable cause for the issuance of a search warrant, doubtful cases are to be resolved in favor of upholding the warrant. Mehring v. State, 884 N.E.2d 371, 377 (Ind. Ct. App. 2008), trans. denied. Thus, reasonable inferences drawn from the totality of the evidence indicate that there was a fair probability that evidence of murder would be found in the surveillance system, and the trial court had a reasonable basis to issue the search warrant. The admission of the surveillance system equipment and video into evidence did not violate the Fourth Amendment.

[Note: Probable cause is probable cause that evidence will be found, and proving a crime isn’t required. So, I don’t think that this is that close. The autopsy did not match defendant’s explanation. That alone should be enough to get the search warrant for the surveillance system to see if there is something that might contradict the defendant’s version. I’m not one to frivolously issue search warrants, but the law has always encouraged resort to search warrants, not discourage them. The moral to the story is that surveillance systems never seem to help somebody suspected of a crime. Cameras often lead to no-knock search warrants in drug and weapons cases, and cameras strongly suggest evidence can be found in the recorder. In a drug sale case, the recorder would have evidence of who is coming and going. It’s sort of like a burglar alarm: If you have a burglar alarm on your house, you’ve invited the police any time the alarm goes off. So, if you’re going to have a burglar alarm, don’t have a grow operation or contraband left out in plain view.]