Hollowell v. State

753 N.E.2d 612, 2001 Ind. LEXIS 736, 2001 WL 947065
CourtIndiana Supreme Court
DecidedAugust 20, 2001
Docket49S00-9912-CR-688
StatusPublished
Cited by23 cases

This text of 753 N.E.2d 612 (Hollowell v. State) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hollowell v. State, 753 N.E.2d 612, 2001 Ind. LEXIS 736, 2001 WL 947065 (Ind. 2001).

Opinions

SULLIVAN, Justice.

Defendant Allan K. Hollowell was con-viected of drug dealing and possession after the police found drugs and other paraphernalia during a traffic stop. We affirm his convictions, finding the search pursuant to a lawful arrest, Defendant's claim that he [614]*614was improperly prevented from questioning a witness not available on appeal, and the State's use of a prior conviction's case chronology in the habitual offender stage proper despite his stipulation to that conviction.

Background

The facts most favorable to the trial court's judgment indicate the following. On November 14, 1998, Deputy Catherine Hedges stopped a truck that was traveling 56 mph in a 35 m.p.h zone. As she approached the vehicle, Defendant "abruptly exited the [truck]." She told him to get back inside the truck and he complied. Deputy Hedges noticed that while Defendant was back in the truck he was taking his hand in and out of his pockets. Because she felt threatened by Defendant's movements, she called for backup. Soon thereafter, Deputy Bennett arrived in response to her call.

Deputy Hedges again approached Defendant's vehicle. Defendant yelled out his window that his driver's license was suspended. Deputy Hedges told Defendant to exit the vehicle and arrested him. Deputy Bennett then searched Defendant, finding marijuana and crack cocaine in his pockets. The officers searched the truck and found a set of seales, a laptop computer, a box of plastic sandwich bags, and a large quantity of cocaine inside the truck. Later, officers found an additional piece of crack cocaine in Defendant's jacket pocket.

A jury found Defendant guilty of Dealing Cocaine, a Class A Felony;1 Possession of Cocaine, a Class C Felony;2 Possession of Marijuana, a Class A Misdemeanor,3 and Driving While Suspended, a Class A Misdemeanor.4 The jury also found Defendant to be a habitual offender,5

Discussion

I

Defendant contends that the trial court committed reversible error by refusing to exclude the evidence police discovered searching Defendant's person and his truck.

Defendant argues that Deputy Bennett's pat down search of Defendant in which he found drugs violated the rules of Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968) (holding that police may conduct a patdown search upon reasonable suspicion that a person is carrying a weapon.) Additionally, Defendant maintains that the trial court should have suppressed the evidence found in Defendant's vehicle because the authority to search was based on the initial illegal search.

We find that the evidence was not seized based on the authority of Terry but rather on the authority to search an individual incident to a lawful arrest.

The Fourth Amendment6 protects persons from unreasonable search and seizure and this protection has been extended to the states through the Fourteenth Amendment. U.S. Const. amend. IV; Mapp v. Ohio, 367 U.S. 643, 650, 81 [615]*615S.Ct. 1684, 6 L.Ed.2d 1081 (1961). Generally, the Fourth Amendment prohibits warrantless searches and seizures. See Trowbridge v. State, 717 N.E.2d 138, 143 (Ind.1999), reh'g denied. When a search is conducted without a warrant, the State has the burden of proving that an exception to the warrant requirement existed at the time of the search. See Berry v. State, 704 N.E.2d 462, 465 (Ind.1998) (citing Brown v. State, 691 N.E.2d 438, 443 (Ind.1998)). One well-recognized exception to the warrant requirement is a search incident to a lawful arrest. See Chimel v. California, 395 U.S. 752, 763, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969). Under this exception, the arresting officer may conduct a war-rantless search of the arrestee's person and the area within his immediate control. Id. Additionally, when officers arrest a defendant who is in an automobile, they are permitted to search the entire passenger compartment of the vehicle See New York v. Belton, 453 U.S. 454, 460, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981). Here, the facts most favorable to the trial court's ruling indicate that the officers had probable cause to arrest Defendant because he told Deputy Hedges that he was driving with a suspended license. The officers therefore conducted a proper search incident to a lawful arrest.

II

Defendant contends that the trial court committed reversible error by denying him the opportunity to present certain exculpatory evidence. See Appellant's Br. at 13.

In an interview following his arrest, Defendant told Detective Maxey that the drugs discovered in the truck were not his. According to Defendant, he found the marijuana, the cocaine, and the wad of money in the glove box of the truck he was driving at the time of his arrest, Defendant said that the truck belonged to his friend, Antwone Chaney.

Prior to trial, the trial court granted Defendant's motion in limine barring the State from offering any statements that Defendant made concerning his prior association with Chaney. The trial court also suppressed the statements Defendant made to Detective Maxey after being taken into custody because Defendant had not been read his Miranda rights.

At trial, Defendant asked to cross-examine Detective Maxey in order to elicit evidence of Defendant's exculpatory statements. The trial court responded that it would permit the questioning with the understanding that it might well open the door for the State to elicit evidence of additional statements that Defendant made to Detective Maxey that would have otherwise been suppressed. The court said:

Well, if you're gonna ask about his statements, it's gonna open a bit of a door. How much of a door, I guess it depends on what you ask .... what you ask him to say or what you ask somebody else to say about him. You asked that his statements be suppressed, and therefore, they can't use them. If you're gonna use them, you're gonna open a bit of a door. I don't know how much it's gonna open it.

(R. at 234.) Defendant did not pursue the matter further; he neither questioned Detective Maxey about Defendant's statements nor sought further clarification from the trial court as to how far it would permit the questioning to go.

In order to preserve an error for appellate review, a party must do more than challenge the ruling on a motion in limine. Azania v. State, 730 N.E.2d 646, 651 (Ind.2000), reh'g denied; Miller v. State, 716 N.E.2d 367, 370 (Ind.1999). Absent either a ruling admitting evidence [616]*616accompanied by a timely objection or a ruling excluding evidence accompanied by a proper offer of proof, there is no basis for a claim of error. See Ind. Evidence Rule 103(a).

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Bluebook (online)
753 N.E.2d 612, 2001 Ind. LEXIS 736, 2001 WL 947065, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hollowell-v-state-ind-2001.