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Arrest upheld after seatbelt stop

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The Indiana Court of Appeals reversed a defendant's motion to suppress evidence following a traffic stop for a seatbelt violation, finding the police officer's inquiry regarding an object in the man's pants didn't violate his constitutional rights or the Seatbelt Enforcement Act.

In State of Indiana v. Robert Richardson,  No. 49A02-0807-CR-583, the state appealed the grant of Robert Richardson's motion to suppress evidence after he was arrested following a traffic stop. The officer believed Richardson was carrying a gun without a valid permit and later discovered cocaine in Richardson's pants. The officer originally pulled Richardson over for a seatbelt violation. As she was talking to his passenger, she noticed a large bulge in his pants, which was his handgun. Suspecting Richardson's gun permit could be forged, she radioed for information on whether Richardson had any prior felonies. Headquarters said he did, so she arrested him for having a firearm with a prior felony conviction in the last 15 years. He tried to run away, and in an attempt to subdue Richardson the officer discovered cocaine in his pants.

Using previous caselaw regarding the Seatbelt Enforcement Act, the appellate court ruled it wasn't impermissible under the act for the officer to ask a motorist what the large object in his pants was. The inquiry didn't exceed the scope of police behavior permitted under the Seatbelt Enforcement Act; Article I, Section 11 of the Indiana Constitution; or the Fourth Amendment, wrote Judge Paul Mathias.

The Court of Appeals also had to address the propriety of Richardson's arrest for carrying a handgun. When Richardson handed the officer his gun permit, it had been issued a year prior to the traffic stop, which means if it was a valid license, it would have been good for three more years or for life. Because it was tattered and the officer couldn't read the expiration date, she believed it could be forged. Headquarters told the officer Richardson had a felony on his record, but Richardson argued it was a misdemeanor. At this point, the officer had good reason to suspect the validity of Richardson's handgun license and therefore had probable cause to arrest him for carrying a handgun without a valid license, wrote the judge.

But the appellate review doesn't stop there, because the information the officer received was incorrect because Richardson didn't have a prior felony conviction. The Court of Appeals had to determine whether the evidence found as a result of this arrest, which was later found to be improper, should be suppressed under the exclusionary rule, noted Judge Mathias. Using the recent ruling in Herring v. United States, 129 S.Ct. 695 (2009), as a guide, the appellate court believed the application of the rule as stated in Herring is proper in the instant case. The incorrect information by itself is not enough to justify suppression of evidence discovered as a result of an arrest, wrote Judge Mathias. The mistake in the instant case, just as in Herring, appears to be a "police mistake" which was the result of negligence, rather than systemic error or reckless disregard of constitutional requirements. As such, exclusion isn't justified.

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  1. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  2. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  3. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

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