ILNews

Majority: warrantless car search OK under automobile exception

Back to TopE-mailPrint

The Fourth Amendment doesn’t prohibit a warrantless search of an operational car found in a public place if police have probable cause to believe the car contains evidence of a crime, the Indiana Supreme Court ruled Thursday.

In State of Indiana v. James S. Hobbs, IV, No. 19S01-1001-CR-10, police went to James Hobbs’ place of work to arrest him on a felony search warrant. Before they could do so, they saw him leave the Pizza Hut where he worked, put something in his car and go back inside. They arrested him in the restaurant. A drug dog was used after Hobbs refused to allow police to search his car. The dog alerted to illegal narcotics and police found marijuana and other paraphernalia.

The trial court ruled the dog’s alert provided probable cause to get a search warrant but since police didn’t get one, the evidence was illegally seized. The state appealed the dismissal of marijuana and paraphernalia possession charges against Hobbs for lack of probable cause. The Indiana Court of Appeals reversed because the dog sniff provided probable cause to support the warrantless search.

The justices found the “search incident to arrest” exception didn’t apply, but the “automobile exception” did, allowing officers to search the car without a warrant. Hobbs’ car was operational and in the parking area of the restaurant, so it fell under the automobile exception. The officers’ own observations of Hobbs opening the car and putting something inside gave them probable cause to believe that Hobbs owned whatever was inside the car, wrote Justice Theodore Boehm for the majority.

In addition, it’s well settled that a dog sniff search isn’t protected by the Fourth Amendment. It provided probable cause the car contained evidence of a crime – illegal drugs – so the search didn’t violate the Fourth Amendment. It also didn’t violate Article I, Section 11 of the Indiana Constitution. The police action here was reasonable and there was no disruption of Hobbs’ normal activities. At the time the car was searched, he was already under arrest for a different crime and would remain in custody whether or not the search happened.

Justices Boehm, Brent Dickson, and Chief Justice Randall Shepard voted to reverse the trial court. Justices Frank Sullivan and Robert Rucker dissented because they didn’t find the automobile exception allowed police to search the car without a warrant. Justice Sullivan wrote that he believed the majority interpreted the exception too narrowly.

“… in all of the cases where the automobile exception to the warrant requirement has been held available, the vehicle in question has been not only readily mobile and operational but also in close proximity to the suspect at the time of initial contact with the police,” he wrote. “Defendant’s lack of proximity to the automobile at the time of arrest – he was inside his place of employment and the car was parked outside in the lot – should render the automobile exception unavailable.”
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

ADVERTISEMENT