FILED Oct 02 2024, 9:01 am
CLERK Indiana Supreme Court IN THE Court of Appeals and Tax Court
Court of Appeals of Indiana Kelvin M. Bradford, Appellant-Defendant
v.
State of Indiana, Appellee-Plaintiff
October 2, 2024 Court of Appeals Case No. 24A-CR-54 Appeal from the LaPorte Circuit Court The Honorable Thomas J. Alevizos, Judge Trial Court Cause No. 46C01-2101-F2-38
Opinion by Judge Mathias Judges Vaidik and Tavitas concur.
Court of Appeals of Indiana | Opinion 24A-CR-54 | October 2, 2024 Page 1 of 18 Mathias, Judge.
[1] Kelvin Bradford appeals his convictions for Level 3 felony possession of
cocaine and Level 4 felony unlawful possession of a firearm by a serious violent
felon. The evidence supporting his convictions was discovered during a
warrantless vehicle search after a sheriff’s deputy stopped Bradford for
committing traffic infractions on Interstate 80. On appeal, Bradford challenges
the constitutionality of the search under the Fourth Amendment of the United
States Constitution and Article 1, Section 11 of the Indiana Constitution. He
also raises two challenges to his aggregate ten-year sentence: that the trial court
abused its discretion when it failed to consider undue hardship on his family as
a mitigating circumstance and that his sentence is inappropriate in light of the
nature of the offenses and his character.
[2] We affirm.
Facts and Procedural History [3] On January 7, 2021, at approximately 11:30 a.m., Bradford was traveling
eastbound in a rental car on Interstate 80 in LaPorte County. LaPorte County
Sheriff’s Deputy Wade Wallace initiated a traffic stop of Bradford’s vehicle
after Bradford committed three traffic infractions. Specifically, the deputy twice
saw Bradford merge from one lane to another without signaling for at least 300
feet, and he paced Bradford travelling at seventy-eight miles per hour in a
seventy-mile per hour zone.
Court of Appeals of Indiana | Opinion 24A-CR-54 | October 2, 2024 Page 2 of 18 [4] As he approached the front passenger window of the vehicle, the deputy
observed that Bradford appeared to be nervous and was smoking a cigarette.
Deputy Wallace smelled both cigarette smoke and the odor of marijuana.
Bradford provided his Ohio driver’s license and the vehicle’s rental agreement.
Bradford told the deputy that he was traveling from Illinois to Ohio. The rental
agreement named Tadarow Bradford as the lessee, and the vehicle was due to
be returned to Texas in mid-January. Because he smelled the odor of
marijuana, Deputy Wallace decided to search Bradford’s vehicle, but he did not
do so immediately because he wanted to complete the infraction paperwork and
wait for an assisting officer.
[5] Deputy Wallace asked Bradford “to sit in the front passenger seat of [his] patrol
car while [he] completed [his] traffic enforcement.” Tr. p. 129. The deputy
issued two warning tickets to Bradford. The deputy also discovered that
Bradford had a criminal history in Ohio. Without giving Bradford his Miranda
warnings, the deputy asked Bradford questions and Bradford gave incriminating
responses. 1 When the requested assisting officer arrived, Deputy Wallace
removed Bradford from his patrol car and placed him in handcuffs. He also
gave Bradford his Miranda warnings and told him that he was going to search
the vehicle because he had smelled marijuana. Id. at 133.
1 The trial court did not admit these statements into evidence.
Court of Appeals of Indiana | Opinion 24A-CR-54 | October 2, 2024 Page 3 of 18 [6] Deputy Wallace started his search by opening the rear hatch of the SUV. There,
he found a grocery bag, and inside that bag he discovered a vacuum-sealed
package containing multiple Ziploc bags with a white powdery substance later
determined to be cocaine. The deputy also found a black leather travel bag. The
travel bag contained a letter addressed to Bradford and a loaded handgun with
a box of ammunition. Bradford told the officer that the handgun belonged to his
“wife or girlfriend.” Id. at 142. The deputy then searched the driver and
passenger areas of the vehicle. He found a digital scale in the driver’s side door
compartment, and, in the center console, he found a jar containing what the
deputy believed to be marijuana. Finally, the deputy observed what he believed
to be particles of marijuana (or “shake”) in the passenger door compartment. Id.
at 146. During his transport to jail, Bradford told the deputy that he had
“cocaine in his hoody.” Id. at 150. Deputy Wallace discovered another Ziploc
bag in the pocket of Bradford’s sweatshirt that contained a white powdery
substance later identified as 82.67 grams of cocaine.
[7] The State charged Bradford with Level 2 felony dealing in cocaine and Level 4
felony possession of a handgun by a serious violent felon. Bradford filed a
motion to suppress his incriminating statements to Deputy Wallace and the
evidence discovered during the traffic stop, arguing that the deputy’s
questioning and the search violated his federal and state constitutional rights.
The trial court partially granted his motion and suppressed the incriminating
statements that Bradford had made before Deputy Wallace gave him his
Miranda warnings. However, the court denied his motion to suppress the
Court of Appeals of Indiana | Opinion 24A-CR-54 | October 2, 2024 Page 4 of 18 evidence found during the warrantless vehicle search and the search incident to
arrest after concluding that the searches did not violate Bradford’s rights under
the Fourth Amendment and Article 1, Section 11.
[8] The trial court held Bradford’s bench trial on October 30, 2022. Bradford
renewed his objections to the admission of the evidence found during the
vehicle search and the search incident to arrest. Consistent with its ruling on the
motion to suppress, the trial court overruled his objections to the admission of
that evidence. After considering the evidence and arguments presented, the trial
court found Bradford guilty of the lesser-included offense of Level 3 felony
possession of cocaine and Level 4 felony unlawful possession of a firearm by a
serious violent felon.
[9] The trial court held Bradford’s sentencing hearing on December 8. The State
presented evidence that Bradford’s prior criminal history consisted of
convictions in Ohio for felony trafficking in cocaine, possession of marijuana,
and domestic violence. On the date of the hearing, he also had a pending felony
criminal charge in Texas. Bradford asked the court to consider that his
imprisonment would cause undue hardship for his family. In support of his
proposed mitigating circumstance, Bradford’s wife testified that Bradford has
always been employed fulltime, and that they have seven children in their
household. Id. at 223-24.
[10] The trial court found Bradford’s prior criminal history, and that he was out on
bond when he allegedly committed a felony in Texas as aggravating
Court of Appeals of Indiana | Opinion 24A-CR-54 | October 2, 2024 Page 5 of 18 circumstances. The court did not find any mitigating circumstances.
Concerning Bradford’s proposed mitigating circumstance of undue hardship on
his family, the court specifically found that Bradford had not presented any
evidence to show that his imprisonment would be harder on his family than any
other family in the same circumstances. Id. at 239. The court ordered Bradford
to serve concurrent terms of ten years with six years executed in the
Department of Correction, two years served in community corrections, and two
years suspended to probation for his Level 3 felony possession of cocaine
conviction and six years for his Level 4 felony unlawful possession of a
handgun conviction.
[11] Bradford now appeals.
The Vehicle Search [12] Bradford argues that the warrantless vehicle search violated the Fourth
Amendment and Article 1, Section 11, and, therefore, the trial court abused its
discretion when it admitted into evidence the cocaine and the firearm
discovered during the search. Bradford appeals following a completed trial;
therefore, the appropriate standard of review is whether the trial court abused
its discretion when it admitted the evidence obtained during the vehicle search.
See Thomas v. State, 81 N.E.3d 621, 624 (Ind. 2017) (citing Carpenter v. State, 18
N.E.3d 998, 1001 (Ind. 2014)). We will reverse rulings on admissibility of
evidence only “when admission is clearly against the logic and effect of the facts
and circumstances.” Id. (citing Joyner v. State, 678 N.E.2d 386, 390 (Ind. 1997)).
“However, when a challenge to such a ruling is predicated on the Court of Appeals of Indiana | Opinion 24A-CR-54 | October 2, 2024 Page 6 of 18 constitutionality of the search or seizure of evidence, it raises a question of law
that we review de novo.” Id. (citing Kelly v. State, 997 N.E.2d 1045, 1050 (Ind.
2013)).
1. The Fourth Amendment
[13] The Fourth Amendment to the United States Constitution provides protection
against unreasonable searches and seizures. The stop of a vehicle and detention
of its occupant constitutes a seizure under the Fourth Amendment, even though
the purpose of the stop is limited and the resulting detention is brief. Thayer v.
State, 904 N.E.2d 706 (Ind. Ct. App. 2009). If the detention exceeds its proper
scope, any items seized must be excluded from evidence at trial as the fruit of
the poisonous tree. Id. (quoting United States v. Hill, 195 F.3d 258, 264 (6th Cir.
1999)).
[14] Traffic violations create probable cause for officers to stop a vehicle. State v.
Torres, 159 N.E.3d 1018 (Ind. Ct. App. 2020) (quoting State v. Quirk, 842
N.E.2d 334 (Ind. 2006)). But when the purpose of the traffic stop is completed,
the officer cannot continue to detain a motorist unless something occurred
during the stop to cause the officer to have a reasonable and articulable
suspicion that criminal activity was occurring. Thayer, 904 N.E.2d 706 (quoting
Hill, 195 F.3d at 264).
[15] Although the Fourth Amendment generally prohibits warrantless searches, the
automobile exception to the warrant requirement “allows police to search a
vehicle without obtaining a warrant if they have probable cause to believe
Court of Appeals of Indiana | Opinion 24A-CR-54 | October 2, 2024 Page 7 of 18 evidence of a crime will be found there.” See Moore v. State, 211 N.E.3d 574, 579
(Ind. Ct. App. 2023) (citing State v. Hobbs, 933 N.E.2d 1281 (Ind. 2010)). The
“exception is based not only on ready mobility but also on the lesser
expectation of privacy with respect to automobiles, so that even where an
automobile is not immediately mobile, a warrantless search may still be
justified.” Myers v. State, 839 N.E.2d 1146, 1151 (Ind. 2005). “The automobile
exception allows law enforcement to search not only the vehicle itself but also
any containers inside it that may contain evidence.” Wertz v. State, 41 N.E.3d
276, 280 (Ind. Ct. App. 2015) (citing California v. Acevedo, 500 U.S. 565, 580
(1991)).
[16] In his brief, Bradford observes that Illinois, Michigan, and Ohio have legalized
marijuana, and a motorist “traveling from a bordering state may emanate the
odor of marijuana that was legally used or possessed.” Appellant’s Br. at 13-14.
Bradford notes that his driver’s license was issued by the State of Ohio, and he
informed Deputy Wallace that he was traveling from Illinois to Ohio. He
claims that “[u]nder the circumstances, ‘[t]he odor of burnt marijuana in a
vehicle does not necessarily indicate illegal activity by a current occupant.’” Id.
at 14 (quoting Miller v. State, 991 N.E.2d 1025, 1030 (Ind. Ct. App. 2013), trans.
denied).
[17] Our courts have previously held that the smell of marijuana emanating from a
motorist’s window provides a trained officer with probable cause to justify a
vehicle search. See, e.g., Clark v. State, 994 N.E.2d 252, 260 (Ind. 2013); Moore,
211 N.E.3d at 581. Bradford attempts to distinguish those holdings by relying
Court of Appeals of Indiana | Opinion 24A-CR-54 | October 2, 2024 Page 8 of 18 on Miller. In that case, the officer initiated a traffic stop because Miller’s license
plate was expired. Miller exited his car during the stop and refused to stay in the
vehicle. The officer placed him in handcuffs outside of the vehicle. During an
ensuing pat-down search, the officer smelled “burnt marijuana on Miller’s
clothes.” Miller, 991 N.E.2d at 1026-27. When asked, Miller told the officer that
he did not smoke marijuana. He also told the officer that he had no weapons
that the officer “needed to know of.” Id. at 1027 (record citation omitted).
[18] The officers decided to tow Miller’s car because of the expired license plate and
an inventory search was performed. Miller was released from handcuffs and
told he was free to leave. Miller asked the officer for his cell phone and
backpack that were inside his vehicle. The officer retrieved the backpack and
began to search it for weapons before giving it to Miller. Inside, the officer
found a container with marijuana residue and a smoking device that smelled
like burnt marijuana. The State charged Miller with possession of
paraphernalia, and Miller filed a motion to suppress the evidence discovered in
his backpack. The trial court denied the motion and we accepted interlocutory
appeal. Id.
[19] We reversed the trial court and concluded that the backpack search violated the
Fourth Amendment. We rejected the State’s argument that the backpack search
was permissible under the automobile exception to the warrant requirement.
Although the officer smelled burnt marijuana emanating from Miller’s clothing
during the pat-down search, we observed:
Court of Appeals of Indiana | Opinion 24A-CR-54 | October 2, 2024 Page 9 of 18 We have recognized that the odor of marijuana on a person’s breath and emanating from inside a vehicle may give rise to probable cause that a person possesses marijuana. Edmond v. State, 951 N.E.2d 585, 590-91 (Ind. Ct. App. 2011). At the same time, “[b]ecause the odor of burnt marijuana might linger in a vehicle for a period of time, that odor does not necessarily indicate illegal activity by a current occupant.” Id. at 591. Here, there is no evidence that the odor of marijuana emanated from the vehicle. Following Miller’s request, Officer Hasler entered Miller’s vehicle to retrieve the backpack yet he did not testify that the vehicle smelled of marijuana. To the extent that the State argues that Miller’s prior actions supplied probable cause, we again conclude that these circumstances are too attenuated given that Officer Hasler’s patdown found no marijuana and Miller was told that he was free to leave. Because we conclude that Officer Hasler provided no facts and circumstances that would lead a reasonably prudent person to believe that a search would uncover evidence of a crime, probable cause to search Miller’s backpack did not exist. As a result, the automobile exception to the Fourth Amendment cannot be applied to uphold the search.
Id. at 1030-31 (emphasis added).
[20] In this case, Deputy Wallace testified that he had specialized training in
detecting the odor of marijuana. Tr. p. 123. The deputy testified that he
approached Bradford’s vehicle from the passenger side and spoke to him
through the passenger side window. Id. at 126. He stated that Bradford seemed
nervous, and that he “noted the odor of marijuana emitting from the interior of
the vehicle.” Id. at 127. At that time, Deputy Wallace decided to search
Bradford’s vehicle. Id. Accordingly, Miller is inapposite here.
Court of Appeals of Indiana | Opinion 24A-CR-54 | October 2, 2024 Page 10 of 18 [21] Without citation to authority, Bradford also claims that Deputy Wallace should
have confirmed that the odor of marijuana still lingered in the vehicle before
searching it. But it was enough that Deputy Wallace smelled marijuana
emanating from the vehicle when he began the traffic stop. We acknowledge
Bradford’s argument concerning the legality of marijuana in our neighboring
states and that the smell of marijuana can linger. But possession of marijuana is
still illegal in Indiana, and when the trained officer smelled the odor of it in
Bradford’s vehicle, the officer had probable cause to believe that he would find
marijuana in the vehicle. See Edmond, 951 N.E.2d at 590-91. For these reasons,
the warrantless vehicle search did not violate the Fourth Amendment.
2. Article 1, Section 11
[22] Bradford also argues the vehicle search violated Article 1, Section 11 of the
Indiana Constitution. Although the text of Section 11 mirrors the Fourth
Amendment, we interpret it separately and independently. See Robinson v. State,
5 N.E.3d 362, 368 (Ind. 2014).
When a defendant raises a Section 11 claim, the State must show the police conduct “was reasonable under the totality of the circumstances.” [State v. Washington, 898 N.E.2d 1200, 1205-06 (Ind. 2008).] We consider three factors when evaluating reasonableness: “1) the degree of concern, suspicion, or knowledge that a violation has occurred, 2) the degree of intrusion the method of the search or seizure imposes on the citizen’s ordinary activities, and 3) the extent of law enforcement needs.” Litchfield v. State, 824 N.E.2d 356, 361 (Ind. 2005).
Id.
Court of Appeals of Indiana | Opinion 24A-CR-54 | October 2, 2024 Page 11 of 18 [23] Bradford asserts that Deputy Wallace’s suspicion that he would find marijuana
in the vehicle was “marginal” because the deputy noted that the odor lingered
on Bradford’s person when he removed him from the vehicle but did not
“confirm that the odor remained in the vehicle” before searching it. Appellant’s
Br. at 16. Bradford again observes that marijuana is legal in Illinois, the state
from which he was traveling.
[24] Deputy Wallace had a significant degree of concern or suspicion that marijuana
would be found in the vehicle when he decided to search it. As we noted in
Moore, “[a]lthough the legal landscape for cannabis-derived substances is ever-
changing, one thing remains true: some types of marijuana possession remain
illegal in Indiana. It follows then that the odor of marijuana reasonably may
indicate criminal activity.” 2 211 N.E.3d at 582. The deputy smelled marijuana
from the passenger side window when he began speaking to Bradford and he
noted that Bradford seemed nervous. For those reasons, we do not agree with
Bradford’s argument that the deputy’s degree of suspicion was marginal.
[25] Bradford argues that the degree of intrusion was high because Deputy Wallace
did not confirm that the odor of marijuana was still emanating from the vehicle
before he executed the search. Appellant’s Br. at 17. We disagree. The deputy
legally stopped Bradford for committing traffic infractions. He requested an
assisting officer while he was issuing the traffic citations, and Deputy Wallace
2 In Moore, our court disagreed with the defendant’s argument that hemp and marijuana emit a similar odor, and therefore, the odor of marijuana does not indicate criminal activity. 211 N.E.3d at 582.
Court of Appeals of Indiana | Opinion 24A-CR-54 | October 2, 2024 Page 12 of 18 began the vehicle search after the assisting officer arrived. Bradford does not
claim that the traffic stop was unreasonably delayed because Deputy Wallace
decided to search his vehicle. Cf. Moore, 211 N.E.3d at 583 (observing that the
“degree of police intrusion on Moore’s ordinary activities was slight as [the
officer] initially stopped Moore due to” an expired plate that was registered to a
different vehicle). And we cannot conclude that the degree of intrusion was
high because the deputy did not confirm a lingering odor of marijuana before
searching the vehicle.
[26] Finally, Bradford contends that the extent of law enforcement needs weighs
against a finding that the search was reasonable because Deputy Wallace did
not deploy the canine to confirm the presence of drugs before searching the
vehicle. Appellant’s Br. at 17. However, as the State observes, there is nothing
in the record establishing that a canine was available. And Deputy Wallace’s
vehicle search was consistent with the law enforcement officer’s responsibility
to deter crime and apprehend perpetrators of criminal activity. See Moore, 211
N.E.3d at 583 (citing Washington, 898 N.E.2d 1206 (Ind. 2008)).
[27] Under the totality of these circumstances, we conclude that the warrantless
vehicle search was reasonable, and therefore, the search did not violate
Bradford’s rights under Article 1, Section 11.
3. The Evidence was Properly Admitted
[28] Bradford has not convinced us that his Fourth Amendment rights and Article 1,
Section 11 rights were violated when Deputy Wallace searched his vehicle
Court of Appeals of Indiana | Opinion 24A-CR-54 | October 2, 2024 Page 13 of 18 without a warrant. We therefore conclude that the trial court did not abuse its
discretion when it admitted into evidence the contraband seized during the
warrantless vehicle search.
Sentencing [29] Next, Bradford challenges his sentence in two respects. First, he claims that the
trial court abused its discretion when it declined to consider as a mitigating
circumstance that incarceration would cause undue hardship to his family.
Bradford also argues that his aggregate ten-year sentence is inappropriate in
light of the nature of his offenses and his character.
1. Mitigating Circumstance
[30] “[T]he trial court must enter a [sentencing] statement including reasonably
detailed reasons or circumstances for imposing a particular sentence.”
Anglemyer v. State, 868 N.E.2d 482, 490 (Ind. 2007), modified on other grounds on
reh’g, 875 N.E.2d 218 (Ind. 2008). We review the sentence for an abuse of
discretion, which occurs if “the decision is clearly against the logic and effect of
the facts and circumstances.” Id. A trial court abuses its discretion if it (1) fails
“to enter a sentencing statement at all[,]” (2) enters “a sentencing statement that
explains reasons for imposing a sentence–including a finding of aggravating and
mitigating factors if any–but the record does not support the reasons,” (3) enters
a sentencing statement that “omits reasons that are clearly supported by the
record and advanced for consideration,” or (4) considers reasons that “are
improper as a matter of law.” Id. at 490-91. The relative weight or value
Court of Appeals of Indiana | Opinion 24A-CR-54 | October 2, 2024 Page 14 of 18 assigned to reasons properly found, or to those which should have been found,
is not subject to review for abuse of discretion. Id.
[31] Hardship to a defendant’s dependents due to incarceration is not automatically
a mitigating factor because incarceration will always be a hardship on
dependents. McElroy v. State, 865 N.E.2d 584, 592 (Ind. 2007). Many persons
convicted of crimes have dependents and, in the absence of special
circumstances showing an excessive undue hardship, a trial court does not
abuse its discretion by failing to consider [hardship to dependents] as a
mitigating circumstance. Benefield v. State, 904 N.E.2d 239, 247 (Ind. Ct. App.
2009), trans. denied.
[32] Here, during the sentencing hearing, the trial court considered Bradford’s
proposed mitigator but explained its reason for rejecting undue hardship as a
mitigating circumstance. And Bradford did not present any evidence of special
circumstances but only that his family would suffer a financial loss and loss of
parental support. We therefore conclude that the trial court did not abuse its
discretion when it failed to consider Bradford’s proposed mitigating
circumstance.
2. Inappropriate Sentence
[33] Under Indiana Appellate Rule 7(B), we may modify a sentence that we find is
“inappropriate in light of the nature of the offense and the character of the
offender.” Making this determination “turns on our sense of the culpability of
the defendant, the severity of the crime, the damage done to others, and myriad
Court of Appeals of Indiana | Opinion 24A-CR-54 | October 2, 2024 Page 15 of 18 other factors that come to light in a given case.” Cardwell v. State, 895 N.E.2d
1219, 1224 (Ind. 2008). Sentence modification under Rule 7(B), however, is
reserved for “a rare and exceptional case.” Livingston v. State, 113 N.E.3d 611,
612 (Ind. 2018) (per curiam). Bradford bears the burden to show that his
sentence is inappropriate. Anglemyer, 868 N.E.2d at 490.
[34] When conducting this review, we generally defer to the sentence imposed by
the trial court. Conley v. State, 972 N.E.2d 864, 876 (Ind. 2012). Our role is to
“leaven the outliers,” not to achieve what may be perceived as the “correct”
result. Id. Thus, deference to the trial court’s sentence will prevail unless the
defendant persuades us the sentence is inappropriate by producing compelling
evidence portraying in a positive light the nature of the offense—such as
showing restraint or a lack of brutality—and the defendant’s character—such as
showing substantial virtuous traits or persistent examples of positive attributes.
Robinson v. State, 91 N.E.3d 574, 577 (Ind. 2018); Stephenson v. State, 29 N.E.3d
111, 122 (Ind. 2015).
[35] Bradford was convicted of Level 3 felony possession of cocaine, and the
sentencing range for this offense is three to sixteen years, with the advisory
sentence being nine years. See Ind. Code § 35-50-2-5(b). His ten-year sentence is
one year greater than the advisory, but the trial court ordered him to serve six
years in the Department of Correction and two years in community corrections,
with the remaining two years suspended to probation. The trial court imposed
the advisory six-year sentence for Bradford’s Level 4 felony possession of a
Court of Appeals of Indiana | Opinion 24A-CR-54 | October 2, 2024 Page 16 of 18 handgun by a serious violent felon conviction. See Ind. Code § 35-50-2-5.5. The
trial court ordered the sentences to be served concurrent to each other.
[36] Bradford claims that there is nothing about the nature of his offenses that
warrants a sentence above the advisory, but he did not present any compelling
evidence that would portray his offenses in a positive light. And he possessed
cocaine in an amount that far exceeded the minimum amount needed to prove
the elements of the crime.
[37] Concerning his character, Bradford directs our attention to letters and
testimony from individuals vouching for his good character. It is laudable that
Bradford has support from family and friends. But he also has two prior felony
convictions in Ohio for trafficking cocaine. Although those offenses were
committed over twenty years before Bradford committed this offense, while this
case was pending, Bradford was charged with a “3rd Degree Felony” in Texas.
Appellant’s App. p. 91. The trial court appropriately considered evidence of
Bradford’s positive character traits against Bradford’s prior and recent criminal
activity when imposing his sentence. And this is reflected in the court’s decision
to order Bradford to serve six years executed in the Department of Correction
and then serve two years in community corrections, with the remaining two
years suspended to probation.
[38] For all of these reasons, we conclude that Bradford has not met his burden of
persuading us that his sentence is inappropriate in light of the nature of his
offenses and his character.
Court of Appeals of Indiana | Opinion 24A-CR-54 | October 2, 2024 Page 17 of 18 Conclusion [39] Bradford has not established that the warrantless vehicle search violated the
Fourth Amendment or Article 1, Section 11, and therefore, the trial court did
not abuse its discretion when it admitted into evidence the cocaine and
handgun found during that search. Bradford has also not convinced us that his
ten-year aggregate sentence is inappropriate in light of the nature of his offenses
and his character. We therefore affirm his convictions and sentence.
[40] Affirmed.
Vaidik, J., and Tavitas, J., concur.
ATTORNEY FOR APPELLANT Jessica R. Merino Wyatt, Indiana
ATTORNEYS FOR APPELLEE Theodore E. Rokita Attorney General of Indiana Daylon L. Welliver Deputy Attorney General Indianapolis, Indiana
Court of Appeals of Indiana | Opinion 24A-CR-54 | October 2, 2024 Page 18 of 18