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. 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

  2. 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?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

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

  5. 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.