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Officer's questions went beyond seat belt act

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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.

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  • still don't get it.
    Man arrested for not providing ID during seat belt stop. Mayor and Police Dept defend officer's illegal actions. Man files suit.

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  1. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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