This oral argument takes place at 10:30 AM Central (Local) Time and 11:30 AM Eastern Time.

Jay County Sheriff’s Office Lieutenant Tony Lennartz received information from several complainants about possible drug activity at Dede Bisel’s house. After observing the house, Lt. Lennartz performed a “knock and talk,” but noone answered. A couple days later, Lt. Lennartz was watching the house and saw a male and female enter a back door. Lt. Lennartz knocked on the back door, the female (who was not Bisel) answered, and marijuana odor and smoke came “billowin’ out.” He returned to his squad car to call for backup and apply for a search warrant.

While at his vehicle, the male and female exited the home. Lt. Lennartz approached and asked if Bisel was inside; they responded she was. He instructed them to return and knock on the door. Bisel answered, then tried to slam the door and retreat to the living room. Concerned that Bisel would destroy evidence, Lt. Lennartz entered the home to detain Bisel. Bisel resisted, kicking and pushing him and other officers. Lt. Lennartz detained Bisel and applied for a warrant, which was granted the same day. Police executed the warrant and located 34 grams of methamphetamine, 54 grams of marijuana, and paraphernalia that included scales.

The State charged Bisel with numerous crimes, including dealing in methamphetamine, battery by bodily waste, maintaining a common nuisance, possession of marijuana, and possession of paraphernalia. Bisel filed motions to suppress, arguing Lt. Lennartz violated our state and federal constitutions by entering her home without a warrant. The trial court denied the motions.

On appeal, Bisel argues the trial court erred in denying her motions to suppress because the officer’s “knock and talk,” warrantless entry and other conduct violated the Indiana and U.S. Constitutions. 

The scheduled panelists are Chief Judge Tavitas, Judge Felix, and Judge Scheele.