ILNews

COA: Police didn't need to search car after stop

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals reversed a man's unlawful possession of a firearm by a serious violent felon conviction, ruling the warrantless search of the car the man was driving violated his federal and state constitutional rights.

In light of the recent United States Supreme Court ruling in Arizona v. Gant, 556 U.S. 129 S. Ct. 170, 1719 (2009), the appellate court here reversed Timothy Hathaway's conviction because there was no reasonable basis for the arresting officer to search the car following the traffic stop. Hathaway was pulled over after a police officer saw him make a right turn without properly signaling and for having dark-tinted windows. Hathaway was originally arrested for driving while suspended with a prior judgment and told officers the car was registered to his sister. Both he and his passenger cooperated with police.

The police officer searched the car as part of a search incident to arrest and an inventory search prior to towing the vehicle. He found a gun under the driver's seat, and Hathaway admitted the gun was his. Hathaway's sister arrived at the scene and was allowed to drive her car home.

Hathaway was only charged with unlawful possession and not any traffic infractions or driving with a suspended license. He filed a motion to suppress the handgun, which was denied.

In Timothy Hathaway v. State of Indiana, No. 49A02-0807-CR-568, the appellate court found Gant to be similar to the instant case. Gant was arrested for driving while suspended and police found cocaine in his car. The U.S. Supreme Court held in cases where the recent occupant of a car is arrested for a traffic violation, there isn't a reasonable basis to believe the car contains relevant evidence.

Under the Indiana Constitution, the burden is on the state to show the search was reasonable under the totality of the circumstances, wrote Senior Judge Betty Barteau. There weren't any facts in this case to show the police officer needed to search Hathaway's car to find or preserve evidence of driving with a suspended license. Everyone cooperated and the officer didn't testify he feared for his safety during the stop. Based on the facts of the case, the search was unreasonable under the Indiana Constitution, she wrote.

The appellate court reversed Hathaway's conviction and sentence and remanded for it to be vacated.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  3. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

  4. A great idea! There is absolutely no need to incarcerate HRC's so-called "super predators" now that they can be adequately supervised on the streets by the BLM czars.

  5. One of the only qualms I have with this article is in the first paragraph, that heroin use is especially dangerous because it is highly addictive. All opioids are highly addictive. It is why, after becoming addicted to pain medications prescribed by their doctors for various reasons, people resort to heroin. There is a much deeper issue at play, and no drug use should be taken lightly in this category.

ADVERTISEMENT