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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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  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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