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Court affirms locked glove box search

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Without a case on point for the Indiana Court of Appeals to follow, the state’s second-highest appellate court has followed the direction of federal rulings and national precedent on allowing police to search locked glove boxes without a warrant.

The 2-1 ruling came today in Anthony A. Parish v. State of Indiana, No. 02A03-1002-CR-74, in which the majority affirmed the judgment from Allen Superior Judge Frances Gull that denied Parish’s claims that a gun and marijuana found inside his car should have been suppressed because police didn’t have a warrant to search the locked glove box.

Judge Patricia Riley disagreed with her colleagues, finding that police weren’t justified in their warrantless search and that the evidence found inside should have been suppressed. Parish should receive a new trial, she found.

The case involves a September 2008 patrol stop where Fort Wayne police observed Parish’s vehicle making a turn without a signal. The officer recognized Parish as he was a suspect in several shootings, and police were on “high alert” that he was armed following a previous warning that he’d threatened to kill the next officer he encountered.

While waiting for backup to arrive on the scene, the officer ordered Parish out of the car and performed a pat-down search until another officer arrived and handcuffed Parish for another protective search. The first officer began a protective search inside the car and used the keys to unlock the glove box because of suspicions Parish was armed. Inside, that officer found a Smith and Wesson revolver and bag of what was later determined to be marijuana, but after seizing that evidence and checking his license and registration, let Parish leave with a moving citation for not using his turn signal.

Four months after that stop, police arrested Parish after finding the weapon seized matched ballistics to the weapon used in a murder that summer. He was ultimately convicted by a jury in November 2009 on murder, Class B felony robbery, and class A misdemeanor carrying a handgun without a license. He received 86 years incarceration.

Despite Parish’s attempts to have the evidence suppressed on Fourth Amendment illegal search grounds, the trial judge denied those motions setting the stage for this appeal.

In the 15-opinion, Judges Paul Mathias and Cale Bradford affirmed the trial judge’s handling of the case and found the police were justified in searching that locked glove box – though they did point out questions about why police had let Parish leave with only a traffic citation.

The majority determined it was reasonable for the officer to conclude her safety was in danger, and the judges relied on state caselaw allowing for warrantless searches in those situations.

“We think it goes without saying that a glove box is a place where a weapon could easily be placed or hidden,” Judge Mathias wrote, noting that this case is unique because it deals with a locked glove box being searched as part of a protective search. “In other words, does the fact that the glove box was locked mean that Parish could not gain immediate control of any weapon hidden therein? Although there appears to be no Indiana case directly on point, the federal courts of appeal, including the Seventh Circuit, have held that a locked glove box may be searched during a protective search of an automobile.”

The cases cited involved situations where occupants were initially removed from a car during a traffic stop because an officer might be in danger, but the occupants were allowed to return to that vehicle.

That differs from the facts in Arizona v. Gant, 129 S. Ct. 1710 (2009), in which the nation’s highest court ruled those searches weren’t allowed in situations where a driver is arrested and secured prior to that search being done by police.

Judge Riley dissented, saying that the state hadn’t proved that an exception to the search warrant requirement was needed. She cited Arizona v. Gant and how the Supreme Court limited law enforcement’s ability to search a vehicle and that applies here. That precedent guides Indiana law, she determined.

“While we are dealing here with a traffic stop, rather than an arrest, the fact remains that Parish, like Gant, was removed from his car and handcuffed,” she wrote. “Accordingly, because Parish no longer posed a threat, the officers cannot justify a search of his car based on a concern for officer safety. The justification of the search diminishes even more in light of the fact that the officers released Parish after the search. A more prudent course of action for the officers would have been to take Parish into custody as a ‘suspect in several shootings’ and then request a search warrant for his car.”
 

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  • sad
    the dissent had it right. Its basically a Terry stop and a ridiculous overextension of the reasoning behind them. Bill of socalled rights out the door, yet again!
  • Law
    This is simply a case that tells cops that their badge is a license to break the law and that they are above the law!

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  1. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

  5. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

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