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Officer safety justified opening ajar car door

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The opening of an ajar car door by a police officer during a foot chase with a suspected robber didn't violate the man's federal or state constitutional rights, the Indiana Court of Appeals concluded today.

In Joshua P. Lindsey v. State of Indiana, No. 29A02-0902-CR-196, the appellate court determined that the exigent circumstance of officer safety justified Officer Charles Kruse's opening wider Joshua Lindsey's car door and visually inspecting the interior to make sure no one else was in the car. Lindsey left the driver's side door slightly ajar.

Kruse saw Lindsey run into a CVS, brandish a weapon, and then quickly leave the store running in the direction of his car. A thorough search of the car wasn't performed until a search warrant was obtained and Lindsey was in custody. He moved to suppress the evidence found in the car, claiming Kruse's actions violated his constitutional rights. The trial court denied his motion.

"Officer Kruse merely opened wider a door that was already ajar to look inside the car based on a reasonable belief that an armed accomplice might be inside. Any expectation of privacy Lindsey had in his car was surely reduced when he parked his car in a public lot with the door ajar and the key in the ignition," wrote Judge Nancy Vaidik.

The officer's actions were also reasonable under the Indiana Constitution, based on Litchfield v. State, 824 N.E.2d 356, 359 (Ind. 2005). Kruse had a high degree of suspicion that Lindsey had just violated the law because he saw Lindsey go into the CVS with a weapon. The degree of intrusion of his quick inspection of the car was minimal and he performed the search based on law enforcement safety, wrote the judge.

Lindsey also challenged the removal of juror No. 37 for cause, and in denying his Baston challenge to the state's preemptory strike of juror No. 10. The jurors in question and Lindsey are African-American.

The trial court didn't err in striking juror No. 37 because he answered it would be hard for him to be fair and impartial to the state because of past experiences he had with police, the appellate court concluded. The trial court also didn't err in denying Lindsey's Baston challenge because the state proved it removed juror No. 10 for race-neutral reasons. In addition, juror No. 5, who is also African-American, was struck by Lindsey.

The Court of Appeals also affirmed Lindsey's aggregate 70-year sentence for robbery, criminal confinement, resisting law enforcement, and adjudication as a habitual offender.

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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