July 2009 Archives

The Indiana Court of Appeals has reversed a man's conviction for possession of a firearm by a serious violent felon, a Class B felony, due to an illegal search of his car. The man was stopped for a traffic violation and admitted to the officer that his driver's license was suspended. The officer verified that the man had a prior conviction for driving while suspended and placed him under arrest. The officer then looked under the driver's seat and found a loaded handgun. The driver admitted the gun was his and was loaded. He was determined to be subject to a firearms ban, due to being convicted as a serious violent felon. He was then charged with possession of a firearm by a serious violent felon, a Class B felony. No charges were filed on the traffic infractions or the driving while suspended.

The defendant filed a motion to suppress the evidence. At the suppression hearing, the officer testified that the search of the vehicle was a combination of a "search prior to...or incident to arrest...but was also an inventory search prior to the tow." The trial court denied the motion to suppress. At a later bench trial, the defendant again argued that the search was illegal. The State argued that the handgun was admissible under the exception to the warrant requirement as a search incident to arrest. The defendant was convicted and appealed.

The Court of Appeals found that there were no facts to indicate that the officer needed to search the car in order to find and preserve evidence connected to the crime of driving while suspended. The Court also found that all parties were cooperative and that there was no testimony that the officer feared for his safety. The Court cited a recent United States Supreme Court ruling which held that in cases where the recent occupant of a vehicle is arrested for a traffic violation, there will be no reasonable basis to believe the vehicle contains relevant evidence. The defendant's conviction for possession of a firearm by a serious violent felon was vacated.

If you are charged with a crime involving the illegal possession of drugs or firearms, which were found in your car following a traffic stop, it is important to contact an experienced criminal attorney immediately. If the search was unlawful, the evidence discovered in your car may be inadmissible.

Following an infraction traffic stop, a woman was arrested for possession of methamphetamine and neglect of a dependent after police found methamphetamine in her purse. The Indiana Court of Appeals held that the search of the woman's purse was unlawful and violated her right against unlawful search and seizure. An officer stopped the woman for driving left of center. He then determined that the woman's driver's license was suspended. When the woman exited her vehicle, she had her purse with her outside the vehicle. The police officer then advised the woman that her vehicle would be impounded per Indiana State Police policy, because she was Operating a Vehicle While Suspended and without insurance, both infractions.

If a vehicle is lawfully impounded, police may make an inventory search of the vehicle without a search warrant. However, the search itself must be conducted pursuant to standard police procedures. The police cannot use the inventory search as a pretext for a general rummaging in order to discover incriminating evidence. After the police officer learned the woman's driver's license was suspended, he told her to place her purse in the trunk. He then proceeded to search the purse as part of his inventory. Within the purse he found methamphetamine.

The Court of Appeals held that the search conducted exceeded the scope of an inventory search. The Court found that there was no evidence that the woman had abandoned her purse inside the vehicle, or that she disclaimed ownership of it, and she had the purse with her outside the vehicle when the officer instructed her to place it where he then searched it. Another important fact cited by the Court of Appeals, is that the officer only had evidence of infraction traffic offenses, and not criminal traffic violations. Although impounding the vehicle and doing an inventory search was lawful, searching the woman's purse was not. Thus, all evidence of the woman's possession of methamphetamine was ordered suppressed. You should never consent to a search of your person or property and always contact an experienced criminal attorney if you are arrested. If your property has been searched, you may have a valid motion to suppress.