Farrie v. State

266 N.E.2d 212, 255 Ind. 681, 1971 Ind. LEXIS 718

• Court: Indiana Supreme Court
• Decided: February 10, 1971
• Docket: 470S77
• Status: Published

Opinions

Arterburn, C.J.

On November 22, 1967, defendant was arrested for possession of narcotics. Defendant surrendered certain valuable articles of personal property for safekeeping purposes to the police intake officer, Albert J. Bragalone, among which was a certain wristwatch later identified and admitted as State’s Exhibit Number 1. After the wristwatch was accepted for safekeeping, Officer Bragalone turned it over to Captain Edwards of the Detective Bureau of the Fort Wayne Police Department. Appellant was charged with second degree burglary and found guilty as charged.

Appellant urges on this appeal that he was compelled to give possession of his valuables to the Fort Wayne Police Department, which was merely a bailment for the safekeeping of defendant’s valuables during his incarceration. Appellant argues that the warrantless seizure of the watch was not incidental to the arrest on the charge of Second Degree Burglary. As the fruits of an alleged illegal seizure, defendant claims it should not have been admitted into evidence over his objection.

We find that regardless of whether or not a bailment situation existed, there was no illegal seizure of defendant’s watch. When Officer Bragalone gave the watch to Captain Edwards there was merely a transfer of the watch within the Fort Wayne Police Department.

Our decision in this case is compatible with similar cases in our neighboring states of Ohio and Illinois and in certain Federal district courts. In People v. Hambrick (1968), 98 Ill. App. 2d 481, 240 N. E. 2d 696, the Appellate Court of Illinois, First District, Second Division, held that marijuana found during the ordinary course of inventorying the defendant’s effects for safekeeping should have been admitted into evidence. Becently, the Supreme Court of Ohio held that it is not unreasonable to search a person in a routine station-house search, without a warrant, before he is locked in a cell or room. This would normally require an inventorying and safekeeping of such personal effects. The fruits of such a search were held admissible into evidence. State v. Dempsey (1970), 22 Ohio St. 2d 219, 259 N. E. 2d 745.

In Baskerville v. United States (10th Cir. 1955), 227 F. 2d 454, the court held that a lawful search occurred where the defendant was arrested, taken into custody, and then searched by jail officers who placed his personal property in an envelope. About two weeks later incriminating evidence was found in said envelope by a United States Secret Service agent. The court held it was properly admitted into evidence. Similarly, in Cotton v. United States (9th Cir. 1967), 371 F. 2d 385, 393, the court stated, concerning evidence found upon searching the defendant at the jail after his arrest:

“If a lawful search or examination produces evidence of other crimes than that for which the prisoner was arrested, that is not something to which he can object. See Taglavore v. United States, 9 Cir., 1961, 291 F. 2d 262, 265. Indeed, as we there said, it is proper for the police to look for just such evidence, so long as the arrest is not a mere pretext for doing so, as it was found to be in that case. . . . And if the papers were validly available to the state police, there is no reason that the F.B.I. could not make use of them in their investigation and prosecution.”

A search incidental to a valid arrest is lawful regardless of what it reveals. In the case at bar defendant does not challenge the validity of the arrest. A search is no less valid when conducted by a jailer when an accused is booked and is to be confined in a cell in the jail or stationhouse.

We thus find that the search was not unreasonable and that therefore the evidence was properly admitted.

Judgment affirmed.

Givan and Prentice, JJ., concur; Hunter, J., concurs in result ; DeBruler, J., dissents with opinion.