Belvedere v. State

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Ralph Belvedere appeals his convictions for Possession of Marijuana With Intent to Deal, as a Class C felony, and Maintaining a Common Nuisance, a Class D felony, following a jury trial. Belvedere raises three issues for our review, which we restate as:

1. Whether our Supreme Court’s recent decision in Litchfield v. State, 824 N.E.2d 356 (Ind.2005), applies and prohibits the introduction of evidence at trial that was obtained following a police search of Belvedere’s trash.

2. Whether the good faith doctrine can be applied to that trash search.

We reverse.

F…