![]() ![]() During the search of the truck, Officer Maddix found three glass smoking pipes near the center console. Officer Maddix told Elifritz he could search the truck even without his consent because the meth gave him probable cause to do so. Officer Maddix then asked Elifritz for permission to search his truck, and he declined. At this point, Officer Maddix informed Elifritz of his Miranda rights, and Elifritz said he understood them. Officer Maddix handcuffed Elifritz and returned to his patrol car to perform a field test on the residue. When Officer Maddix queried “probably meth?,” Elifritz responded, “It could be.” Id. Once there, Officer Maddix asked if the residue would “test for anything,” and Elifritz responded, “It may.” Id. Officer Maddix had Elifritz wait at the back of the trailer again. Officer Maddix asked Elifritz if he used drugs, and Elifritz responded, “I have.” Body Cam at 0:07:40-0:07:45. ![]() Elifritz picked up the baggie and handed it to Officer Maddix. Officer Maddix then directed Elifritz’s attention to the plastic baggie on the driver’s seat. As Elifritz helped Officer Maddix search for the VIN, Officer Maddix asked him if Court of Appeals of Indiana | Memorandum Decision 21A-CR-1069 | Janu of 6 he could ask him a question by the driver’s door. A few minutes later, Officer Maddix returned to the back of the trailer and tried to locate its VIN. Officer Maddix had Elifritz wait at the back of the trailer while he went to his patrol car to run Elifritz’s information. ![]() Officer Maddix asked Elifritz for his license and registration, and Elifritz gave him his license. However, Officer Maddix didn’t say anything to Elifritz at the time because he wanted Elifritz to remain “calm” and “cooperative” during the stop. Officer Maddix, who had recently attended a drug training, “immediately” suspected the residue to be methamphetamine. As Officer Maddix approached, he could see into the passenger compartment of the truck and observed on the driver’s seat a small plastic baggie containing a whitepowder residue. When Officer Maddix exited his patrol car, Elifritz had already exited his truck, leaving the driver’s door open. Officer Maddix stopped Elifritz right as he was parking on the street in front of his house. Facts and Procedural History On November 28, 2017, Columbus Police Department Officer Drake Maddix was on patrol when he stopped Elifritz because the trailer he was pulling didn’t have a license plate. Elifritz appeals his convictions for Level 6 felony possession of methamphetamine, Class B misdemeanor possession of marijuana, and Class C misdemeanor possession of paraphernalia. Court of Appeals of Indiana | Memorandum Decision 21A-CR-1069 | Janu of 6 Case Summary Daniel T. State of Indiana, Appellee-Plaintiff Appeal from the Bartholomew Superior Court The Honorable James D. Elifritz, JanuAppellant-Defendant, Court of Appeals Case No. Rokita Attorney General Jodi Kathryn Stein Supervising Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA Daniel T. Jan 26 2022, 9:00 am CLERK Indiana Supreme Court Court of Appeals and Tax Court ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Michael P. 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. ![]() MEMORANDUM DECISION FILED Pursuant to Ind. ![]()
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