Judges find search of car for gun not justified

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A panel of Indiana Court of Appeals judges reversed the denial of a defendant's motion to suppress evidence of drugs found in his car during a search, but one judge believed the man's cooperation and respect toward the police officer shouldn't factor into their decision making.

In Melvin Washington v. State of Indiana, No. 49A02-0907-CV-649, Melvin Washington brought an interlocutory appeal of the denial to suppress evidence. An Indianapolis Metropolitan Police officer pulled over Washington's car because of a broken headlight. Washington was cooperative with the officer and admitted he had a gun under his front seat when asked if he had any weapons. Washington had a valid permit to carry the gun. While looking under the seat to get the gun, the officer saw a bag of marijuana.

He was charged with Class A misdemeanor possession of marijuana. The trial court denied his motion to suppress the drug evidence. Washington argued that the search violated his rights under the state and federal constitutions.

The appellate judges unanimously agreed that Washington's motion to suppress should have been granted, but came to their conclusion through different analyses. Judges Michael Kirsch and Carr Darden relied on Malone v. State, 882 N.E.2d 784, 786 (Ind. Ct. App. 2008), to conclude that in the absence of an articulable basis that either there was a legitimate concern for officer safety or a belief that a crime had been or was being committed, searching Washington's car wasn't justified. The arresting officer testified he wasn't specifically concerned for his safety during the stop and Washington made no furtive movements, was respectful, and cooperated with the officer.

Judge Melissa May concurred in a separate opinion and wrote that the motion to suppress should have been granted based on Arizona v. Gant, U.S. 129 S. Ct. 1710, 1723-24 (2009). Even though Gant involved an arrest instead of a traffic stop, Washington was also removed from his car and handcuffed and his statement that there was a gun under his seat couldn't justify a search of the car based on concern for officer safety.

"...Gant created a rule that relieves all of us from the burden of determining whether subjective facts (such as cooperation, respectfulness, and furtive movements) create 'an articulable basis' that a search is necessary for officer safety," she wrote. "...It seems to me, the rule articulated in Gant simultaneously increases protection for two important interests: the safety of our police officers and the constitutional rights of our citizens. As we all too frequently must choose between competing interests when deciding cases, I believe we ought to take full advantage of this opportunity."


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...