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Officer safety justified opening ajar car door

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The opening of an ajar car door by a police officer during a foot chase with a suspected robber didn't violate the man's federal or state constitutional rights, the Indiana Court of Appeals concluded today.

In Joshua P. Lindsey v. State of Indiana, No. 29A02-0902-CR-196, the appellate court determined that the exigent circumstance of officer safety justified Officer Charles Kruse's opening wider Joshua Lindsey's car door and visually inspecting the interior to make sure no one else was in the car. Lindsey left the driver's side door slightly ajar.

Kruse saw Lindsey run into a CVS, brandish a weapon, and then quickly leave the store running in the direction of his car. A thorough search of the car wasn't performed until a search warrant was obtained and Lindsey was in custody. He moved to suppress the evidence found in the car, claiming Kruse's actions violated his constitutional rights. The trial court denied his motion.

"Officer Kruse merely opened wider a door that was already ajar to look inside the car based on a reasonable belief that an armed accomplice might be inside. Any expectation of privacy Lindsey had in his car was surely reduced when he parked his car in a public lot with the door ajar and the key in the ignition," wrote Judge Nancy Vaidik.

The officer's actions were also reasonable under the Indiana Constitution, based on Litchfield v. State, 824 N.E.2d 356, 359 (Ind. 2005). Kruse had a high degree of suspicion that Lindsey had just violated the law because he saw Lindsey go into the CVS with a weapon. The degree of intrusion of his quick inspection of the car was minimal and he performed the search based on law enforcement safety, wrote the judge.

Lindsey also challenged the removal of juror No. 37 for cause, and in denying his Baston challenge to the state's preemptory strike of juror No. 10. The jurors in question and Lindsey are African-American.

The trial court didn't err in striking juror No. 37 because he answered it would be hard for him to be fair and impartial to the state because of past experiences he had with police, the appellate court concluded. The trial court also didn't err in denying Lindsey's Baston challenge because the state proved it removed juror No. 10 for race-neutral reasons. In addition, juror No. 5, who is also African-American, was struck by Lindsey.

The Court of Appeals also affirmed Lindsey's aggregate 70-year sentence for robbery, criminal confinement, resisting law enforcement, and adjudication as a habitual offender.

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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