Id. at 550. See also Smith v. State, 953 N.E.2d 651, 659 (Ind.Ct.App.2011) (addressing a search conducted pursuant to a warrant, citing Litchfield for the propositions that the legality of a governmental search turns on an evaluation of the reasonableness of the police conduct under the totality of the circumstances and that although there may well be other relevant considerations, the reasonableness of the search or seizure turns on a balance of (1) the degree of concern, suspicion, or knowledge that a violation has occurred, (2) the degree of intrusion the method of the search or seizure imposes on the citizen's ordinary activities, and (3) the extent of law enforcement needs), trans. denied. We cannot say that the Litchfield factors do not apply.
Here, the officers searched VanDeVanter and his SUV pursuant to a search warrant. In deciding whether probable cause exists to issue a search warrant, the court must make a practical, common-sense decision whether, given all of the circumstances set forth in the affidavit, there is a fair probability that contraband will be found in a particular place. Smith v. State, 953 N.E.2d 651, 656 (Ind .Ct.App.2011), trans. denied. The duty of a court reviewing the decision to issue a search warrant is to determine whether, based on the totality of the evidence, the issuing court had a substantial basis to conclude that probable cause existed.
In general, stale information will not support a finding of probable cause. See Smith v. State, 953 N.E.2d 651, 659 (Ind.Ct.App.2011), trans. denied.
We review a denial of a motion to suppress similar to other sufficiency matters. Smith v. State, 953 N.E.2d 651, 655 (Ind.Ct.App.2011). We do not reweigh the evidence, but consider conflicting evidence in the light most favorable to the trial court's ruling.
We review a denial of a motion to suppress similar to other sufficiency matters. Smith v. State, 953 N.E.2d 651, 655 (Ind. Ct. App. 2011). We do not reweigh the evidence, but consider conflicting evidence in the light most favorable to the trial court's ruling.
We review a denial of a motion to suppress similar to other sufficiency matters. Smith v. State, 953 N.E.2d 651, 655 (Ind. Ct. App. 2011). We do not reweigh the evidence, but consider conflicting evidence in the light most favorable to the trial court's ruling.