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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. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  2. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  3. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  4. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  5. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

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