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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowA man convicted of dealing heroin and sentenced to 12 years in prison after he cancelled a planned drug buy that law enforcement had set up with the help of a criminal informant lost his appeal Thursday.
Indiana State Police Det. Joshua Allen had worked with a criminal informant to set up a heroin sting in a parking lot near a Steak ‘n Shake restaurant in Martinsville. Allen and the CI spotted an arriving vehicle matching the CI’s description, driven by suspected dealer Jevon R. Bates-Smith and carrying a passenger.
“The detective and CI drove past the vehicle, which held two Black males,” Judge John Baker wrote. “As they drove by, the CI’s cell phone rang; Detective Allen noticed that the driver of the vehicle, later identified as Bates-Smith, was on his cell phone. The incoming call to the CI was from the same number officers had contacted to arrange the controlled buy.
“The CI identified Bates-Smith as the dealer,” Baker continued. “Evidently, Bates-Smith was contacting the CI to cancel the deal.”
Before the planned buy, law enforcement had been asked to stay out of sight but to be ready to arrest Bates-Smith after the purchase. But Bates-Smith instead began to drive away, at which point Allen contacted the other law enforcement units that responded, blocking Bates-Smith’s exit. He and passenger Jeremiah Moore, who attempted to flee on foot but was apprehended, were arrested.
After unsuccessfully attempting to suppress evidence found in his vehicle —25 grams of heroin, a loaded pistol, five cellphones, scales and multiple bags — a Morgan County jury convicted Bates-Smith as charged, finding him guilty of Level 2 felony dealing in a narcotic drug, Level 3 felony possession of a narcotic drug, Level 3 felony dealing in a narcotic drug, and Level 6 felony maintaining a common nuisance. The counts were merged into the Level 2 felony conviction and Bates-Smith was sentenced to 12 years in prison.
On appeal, Bates-Smith argued the traffic stop was unconstitutional and that Allen should not have been permitted to testify based on information he learned from a criminal informant. The Indiana Court of Appeals rejected both arguments in Jevon R. Bates-Smith v. State of Indiana, 18A-CR-307.
“When examining the totality of the circumstances surrounding the controlled buy, we find that the CI’s information regarding Bates-Smith had sufficient indicia of reliability to provide the officers with a particularized and objective basis for suspecting legal wrongdoing,” Baker wrote for the panel. “Therefore, the trial court did not err by admitting the evidence stemming from that stop.
“ … Detective Allen’s testimony that was based on information gained from the CI was offered solely to explain the course of the investigation. The State proved its charges against Bates-Smith based on what happened after the stop; Detective Allen merely offered the prologue to the story. Therefore, the trial court did not err by admitting this testimony,” Baker continued.
“… Because the statements complained of by Bates-Smith were not hearsay, their admission did not violate his rights under the federal Confrontation Clause,” the court concluded.
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