ILNews

Officer's questions went beyond seat belt act

Back to TopCommentsE-mailPrintBookmark and Share

The inquiry by a police officer to a driver stopped for a seat belt violation about the "large, unusual bulge" in his pants went beyond the state's Seatbelt Enforcement Act, the Indiana Supreme Court ruled Thursday.

A police officer stopped Robert Richardson for driving his truck while not wearing a seat belt. The officer had stopped Richardson before and never had any problems with him. After stopping him, she noticed a large, strangely shaped bulge in his pants which was his handgun. He produced a tattered gun permit, but the expiration date wasn't legible. Based on the issue date, however, the permit should have still been valid. The officer radioed headquarters to do a criminal check on Richardson, but there was a discrepancy on whether he had been arrested for misdemeanors or felonies in the past. The officer tried to arrest him for having a gun with a prior felony conviction, but Richardson struggled. After subduing him, the officer found cocaine in his underwear.

He was charged with felony possession and dealing in cocaine, as well as felony possession of cocaine and a firearm. He also was charged with misdemeanor resisting law enforcement, and battery on a law enforcement officer. The trial court granted Richardson's motion to suppress the evidence.

On appeal, the Indiana Court of Appeals reversed, finding the officer's questions and actions were reasonable under the act based on the totality of the circumstances and concern for safety.

But in State of Indiana v. Robert Richardson, No. 49S02-0910-CR-428, the justices unanimously agreed with the trial court that the officer's actions weren't reasonable under the Seatbelt Enforcement Act. Under the act, a car, the contents of the car, or the driver or passengers may not be inspected, searched, or detained only because they violated the act. If circumstances warrant, an officer may make a further investigation if she believes illegal activity is going on, but the state must prove that the intrusion was reasonable.

The officer who stopped Richardson "crossed a line" because Richardson was cooperative, admitted he wasn't wearing his seat belt, informed her of his gun, and had a valid permit. The fact Richardson had a valid gun permit should have ended any further questioning by the officer, wrote Justice Frank Sullivan.

"There will, of course, be circumstances where something more than an 'unusual bulge' will be visible, or other conditions that provide a police officer with the requisite reasonable suspicion to conduct further inquiry. This is not one of them," he continued.

The Supreme Court remanded for further proceedings on whether Richardson's conduct created probable cause to arrest him for forcibly resisting arrest and battery upon a law enforcement officer. The justices declined to rule on that issue because of an insufficient record as to whether his resisting law enforcement and battery charges were severable offenses independent of the seat belt search that warrant prosecution.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

ADVERTISEMENT