Combs v. State

878 N.E.2d 1285, 2008 Ind. App. LEXIS 29, 2008 WL 160597
CourtIndiana Court of Appeals
DecidedJanuary 16, 2008
Docket42A01-0707-CR-338
StatusPublished
Cited by7 cases

This text of 878 N.E.2d 1285 (Combs v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Combs v. State, 878 N.E.2d 1285, 2008 Ind. App. LEXIS 29, 2008 WL 160597 (Ind. Ct. App. 2008).

Opinion

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

Amber R. Combs brings this interlocutory appeal of the trial court’s order denying her motion to suppress evidence.

We reverse.

ISSUES

1. Whether the trial court erred when it found that the officer’s traffic stop was lawful.
2. Whether the trial court erred when it found that impoundment of Combs’ vehicle was warranted and the inventory search undertaken was “valid.” (App.9).

FACTS

On the evening of February 14, 2005, Officer Brent Clark of the Indiana State Police observed a vehicle traveling left of center on a street in Vincennes. Clark activated his lights. The vehicle pulled to the side of the street in a gravel area alongside 3 West Reel Avenue, the residence of Jennifer Abel. Combs was the driver, and her two children were in the back seat of the vehicle. Clark learned that Comb’s driving privileges were suspended, and she lacked insurance on the vehicle. Clark determined that her vehicle should be impounded. Clark searched Combs’ purse and found two pipes, which he recognized as the type used to ingest methamphetamine, and a clipped plastic bag corner containing a white residue that he believed to be methamphetamine. Clark then conducted an inventory of the vehicle’s contents, and the vehicle was towed.

On April 12, 2005, the State charged Combs with two class D felonies: possession of methamphetamine, and neglect of a dependent. 1 Subsequently, continuances were granted pursuant to Combs’ requests. On January 4, 2007, Combs filed a motion to suppress “all evidence obtained as a result of the search of’ her vehicle, arguing that the inventory search violated both the U.S. and Indiana Constitutions. (App.23).

On April 30, 2007, the trial court held a hearing on the motion to suppress. Clark testified that he had observed Combs’ vehicle traveling “left of center” on the street and made the traffic stop for that reason. (App. 2 46). Clark testified that Combs “admitted she was suspended and did not have insurance for the vehicle.” (App.47). Clark also testified that in such circumstances, ISP policy provided that the vehicle should be impounded. Combs offered into evidence, and the trial court admitted, Exhibit A. — the video-and-audio recording of the events subsequent to the stop. The recording reflects that after Clark learned that Combs was a suspended driver and lacked insurance, he directed Combs to exit the vehicle; then stated that she was “not going to jail” (Ex. A); and then told her to place her purse on the trunk. *1288 Clark is next seen searching Combs’ purse. Clark testified that because policy required the vehicle to be impounded, he conducted “an inventory of Combs’ purse.” (App.51). He further testified that after searching the purse, he had “moved to the vehicle” and conducted an inventory search on it. Id.

Combs testified, and admitted that she operated her vehicle “on the wrong side” of the street. (App.74). She further testified that this was necessary because vehicles were parked on the side of the street such that she “would have hit the other vehicles” if she had not done so. Id. In addition, Combs testified that she knew Abel, and that in response to Clark’s activation of his lights, she had “pulled over into a dirt like area” alongside Abel’s residence where “everyone parks” and which was “completely off the road.” (App.72). Crystal O’Hara, Abel’s “best friend” and sister to the man “[Combs] was dating,” also testified that the area where Combs parked the vehicle was the “commonly used parking area” for Abel’s residence. (App.68). Combs admitted that she had not asked Clark whether the vehicle could be left where it was parked, and there was no evidence that Abel had authorized or agreed to the vehicle remaining there.

On June 11, 2007, the trial court issued its order denying Combs’ motion to suppress, noting Combs’ claims that “the conduct observed by Trooper Clark did not violate Indiana law, rendering the stop illegal,” and “the impoundment of her automobile was not warranted[,] rendering the inventory search illegal.” (App.5). The trial court held that the traffic stop was “lawful,” and that the impoundment of Combs’ vehicle and search incident thereto were “valid.” (App.5, 9).

DECISION

When reviewing a trial court’s denial of a motion to suppress, we determine whether substantial evidence of probative value exists to support the trial court’s ruling. Litchfield v. State, 824 N.E.2d 856, 358 (Ind.2005). We do not reweigh the evidence. Id. Further, we “consider the evidence favorable to the trial court’s ruling, as well as substantial uncontradicted evidence to the contrary, to decide whether the evidence is sufficient to support the ruling.” Holder v. State, 847 N.E.2d 930, 935 (Ind.2006).

1. The Stop

Combs first argues that the trial court erred when it denied her motion to suppress because Clark “lacked an objectively justifiable basis for stopping” her, given that the “plain language of the statute mandates operating in the right lane when there is sufficient space to safely do so.” Combs’ Br. at 4, 5. She reminds us that her uncontradicted testimony was that she could only avoid hitting other vehicles by driving left of center.

The Fourth Amendment of the U.S. Constitution and Article 1, Section 11, of the Indiana Constitution protect citizens from unreasonable searches and seizures. Holder, 847 N.E.2d at 935. However, a police officer may stop a vehicle when he observes a minor traffic violation. State v. Quirk, 842 N.E.2d 334, 340 (Ind.2006). Such a stop does not run afoul of either constitutional provision. Id.

Indiana statute provides that

[u]pon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway except as follows:
(1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing overtaking and passing.
*1289 (2) When the right half of a roadway is closed to traffic under construction or repair.
(3) Upon a roadway divided into three
(3) marked lanes for traffic under the rules applicable to a roadway divided into three (3) marked lanes.
(4) Upon a roadway designated and signposted for one-way traffic.

Ind.Code § 9-21-8-2(a). Combs admitted that she was driving “left of center,” i.e., not “upon the right half of the roadway.” Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Deborah S. Pridemore v. State of Indiana
71 N.E.3d 70 (Indiana Court of Appeals, 2017)
Lloy J. Ball v. State of Indiana
Indiana Court of Appeals, 2014
State of Indiana v. Darrell L. Keck
4 N.E.3d 1180 (Indiana Supreme Court, 2014)
Clyde Williams, Jr. v. State of Indiana
Indiana Court of Appeals, 2014
Brad Kroft v. State of Indiana
992 N.E.2d 818 (Indiana Court of Appeals, 2013)
State of Indiana v. Darrell Keck
986 N.E.2d 847 (Indiana Court of Appeals, 2013)
Jackson v. State
890 N.E.2d 11 (Indiana Court of Appeals, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
878 N.E.2d 1285, 2008 Ind. App. LEXIS 29, 2008 WL 160597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/combs-v-state-indctapp-2008.