ILNews

Officer safety justified opening ajar car door

Back to TopE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Diocese of Fort Wayne-South Bend in December, but U.S. District Judge Robert Miller later reduced that to about $540,000 to put the damages for suffering under the statutory cap of $300,000.

  2. I was trying to remember, how did marriage get gay in Kentucky, did the people vote for it? Ah no, of course not. It was imposed by judicial fiat. The voted-for official actually represents the will of the majority in the face of an unelected federal judiciary. But democracy only is just a slogan for the powerful, they trot it out when they want and call it bigotry etc when they don't.

  3. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  4. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  5. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

ADVERTISEMENT