Majority: warrantless car search OK under automobile exception

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The Fourth Amendment doesn’t prohibit a warrantless search of an operational car found in a public place if police have probable cause to believe the car contains evidence of a crime, the Indiana Supreme Court ruled Thursday.

In State of Indiana v. James S. Hobbs, IV, No. 19S01-1001-CR-10, police went to James Hobbs’ place of work to arrest him on a felony search warrant. Before they could do so, they saw him leave the Pizza Hut where he worked, put something in his car and go back inside. They arrested him in the restaurant. A drug dog was used after Hobbs refused to allow police to search his car. The dog alerted to illegal narcotics and police found marijuana and other paraphernalia.

The trial court ruled the dog’s alert provided probable cause to get a search warrant but since police didn’t get one, the evidence was illegally seized. The state appealed the dismissal of marijuana and paraphernalia possession charges against Hobbs for lack of probable cause. The Indiana Court of Appeals reversed because the dog sniff provided probable cause to support the warrantless search.

The justices found the “search incident to arrest” exception didn’t apply, but the “automobile exception” did, allowing officers to search the car without a warrant. Hobbs’ car was operational and in the parking area of the restaurant, so it fell under the automobile exception. The officers’ own observations of Hobbs opening the car and putting something inside gave them probable cause to believe that Hobbs owned whatever was inside the car, wrote Justice Theodore Boehm for the majority.

In addition, it’s well settled that a dog sniff search isn’t protected by the Fourth Amendment. It provided probable cause the car contained evidence of a crime – illegal drugs – so the search didn’t violate the Fourth Amendment. It also didn’t violate Article I, Section 11 of the Indiana Constitution. The police action here was reasonable and there was no disruption of Hobbs’ normal activities. At the time the car was searched, he was already under arrest for a different crime and would remain in custody whether or not the search happened.

Justices Boehm, Brent Dickson, and Chief Justice Randall Shepard voted to reverse the trial court. Justices Frank Sullivan and Robert Rucker dissented because they didn’t find the automobile exception allowed police to search the car without a warrant. Justice Sullivan wrote that he believed the majority interpreted the exception too narrowly.

“… in all of the cases where the automobile exception to the warrant requirement has been held available, the vehicle in question has been not only readily mobile and operational but also in close proximity to the suspect at the time of initial contact with the police,” he wrote. “Defendant’s lack of proximity to the automobile at the time of arrest – he was inside his place of employment and the car was parked outside in the lot – should render the automobile exception unavailable.”


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  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

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