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Man’s claims that protective sweep, search are unconstitutional fail

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A protective sweep and subsequent search of a house following the issuance of a search warrant were reasonable under the federal and state constitutions, the Indiana Court of Appeals ruled. The defendant argued that the scope of the sweep – which led to the discovery of drugs and paraphernalia – was impermissibly broad.

Shelby County Sheriff’s Department detectives went to Floyd Weddle’s home to serve a search warrant for theft and false informing. They also learned that Weddle and Vicki Hall were manufacturing and dealing in methamphetamine. The cars of Weddle and Hall were parked outside the home. When police knocked, they saw the blinds move in the home and heard movement in the house. They entered and saw Weddle and immediately placed him in custody.

The officers heard movement in the back of the house. Hall was in a bedroom and came out. Weddle then said he wasn’t sure if anyone else was in the house, so one sergeant performed a brief protective sweep through open doors and some rooms in the house. They found Lindsay Burton hiding behind a blanket in a bedroom. While searching, police smelled meth and saw a marijuana plant. Weddle refused to allow officers to search the rest of the house, so a search warrant was obtained, which led to more drug evidence. Weddle was charged with and convicted of several drug offenses.  

In Floyd Weddle v. State of Indiana, 73A01-1209-CR-452, Weddle argued the protective sweep and warrantless search of the home was unreasonable under the Fourth Amendment and Article I, Section 11 of the Indiana Constitution. The appellate judges found the scope of the protective sweep was not excessive under either Constitution.

“We find that the protective sweep of Weddle’s residence was justified because the police officers searched only adjoining rooms from which an attack could immediately occur,” Judge John Baker wrote, pointing to Maryland v. Buie, 494 U.S. 325, 334-35 (1990), and Hannibal v. State, 804 N.E.2d 206 (Ind. Ct. App. 2004). “We further find that the protective sweep was permissible because the officers had specific articulable facts that an individual, who could jeopardize their safety, was hiding in the back of the house.”

Regarding the Indiana constitutional claims, the judges found the circumstances supplied the officers with a high degree of concern that someone else could be hiding in the house and attack them. As such, the protective sweep and subsequent search following the issuance of the search warrant were reasonable.

 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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