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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. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  2. Don't we have bigger issues to concern ourselves with?

  3. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  4. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  5. Different rules for different folks....

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