ILNews

Court rules on searches after seatbelt violation

Jennifer Nelson
January 1, 2007
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Police officers who stop motorists for a seat belt violation need to keep in mind Indiana Code 9-19-10-3 when conducting searches and asking questions. The Court of Appeals handed down a ruling today citing the statute that says traffic stops made to determine seatbelt compliance strictly prohibits the police from determining anything else, even if other law would permit it.

Because of this, the court reversed the trial court's judgment in Gary W. Pearson v. State of Indiana . The lower court had ruled against Pearson, convicting him of possession of marijuana and methamphetamine. The appellate court also remanded for a new trial.

Officer Matt Hastings of the Chandler Police Department saw Pearson driving a vehicle without a seatbelt and stopped him. When Hastings approached the vehicle, he saw Pearson was now wearing his seatbelt. Hastings ordered Pearson out of the vehicle to conduct a pat-down search for weapons, believing Pearson was a threat to his safety because the officer knew of prior violent incidents involving Pearson. While conducting the pat down, Hastings asked if Pearson had anything on him he should be made aware of, to which Pearson replied he had marijuana in his pants pocket. Hasting retrieved the marijuana, placed Pearson in custody, and continued the search of Pearson and his vehicle. Inside a separate pair of pants, Hastings found a substance later determined to be methamphetamine. He also found Pearson was driving on a suspended license.

The trial court found Pearson guilty of possession of a methamphetamine, a Class A misdemeanor; possession of marijuana, Class A misdemeanor; and failure to use a seatbelt, a Class D infraction. Pearson moved to suppress evidence obtained during the pat-down search, claming the search was illegal because Hastings had no reasonable suspicion Pearson was armed and dangerous. The trial court denied his motion. Pearson then appealed, claiming the trial court abused its discretion in denying his motion to suppress and in overruling his objections to the admission of the evidence during trial.

In the opinion, Judge Patrick Sullivan cites the Seatbelt Enforcement Act, Indiana Code 9-19-10-3, which states a driver can be stopped because they are in non-compliance with wearing his or her seatbelt but the vehicle, its contents, the driver, or any passenger may not be inspected, searched, or detained solely because of this statute.

In Trigg v. State, it was determined an officer may conduct a search for weapons without getting a search warrant if the officer reasonably believes he or others may be in danger. In order to determine the reasonableness, due weight must be given to the specific reasonable inferences the officer is entitled to draw from facts in light of his experience, Judge Sullivan wrote.

Hastings initiated the traffic stop solely under the Seatbelt Enforcement Act and immediately ordered Pearson out of the car to search for weapons because of his knowledge of Pearson's prior violent incidents. Because of this, the court ruled Hastings' search was reasonable. Hastings was allowed to ask questions during the pat-down search, but only if they pertained to the reason why Pearson was stopped: for not wearing a seatbelt.

Citing State v. Morris, a traffic stop based solely upon the failure of the driver to wear a seatbelt does not warrant reasonable suspicion for the officer to "unilaterally expand [an] investigation and 'fish' for evidence of other possible crimes."

Keeping in mind I.C. 9-19-10-3, the court concluded Hastings was not justified in asking Pearson if he had anything on his person and was "fishing" by doing so. Therefore, the marijuana and methamphetamine found were inadmissible in court. In the final footnote of the opinion, Judge Sullivan wrote, "But, because the only evidence supporting his convictions would seem to be inadmissible, we must surmise that the State could not successfully retry him."
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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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