MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), FILED this Memorandum Decision shall not be Mar 19 2019, 9:04 am regarded as precedent or cited before any CLERK court except for the purpose of establishing Indiana Supreme Court Court of Appeals the defense of res judicata, collateral and Tax Court
estoppel, or the law of the case.
ATTORNEYS FOR APPELLANT ATTORNEYS FOR APPELLEE Valerie K. Boots Curtis T. Hill, Jr. Darren D. Bedwell Attorney General of Indiana Marion County Public Defender Agency Monika Prekopa Talbot Appellate Division Supervising Deputy Attorney Indianapolis, Indiana General Indianapolis, Indiana
IN THE COURT OF APPEALS OF INDIANA
Kevin Harris, March 19, 2019 Appellant-Defendant, Court of Appeals Case No. 18A-CR-1242 v. Appeal from the Marion Superior Court State of Indiana, The Honorable Appellee-Plaintiff. Shatrese M. Flowers, Judge The Honorable James K. Snyder, Commissioner Trial Court Cause No. 49G20-1705-F2-16166
Kirsch, Judge.
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1242 | March 19, 2019 Page 1 of 17 [1] Kevin Harris (“Harris”) brings this interlocutory appeal from the trial court’s
order denying his motion to suppress the methamphetamine found during a
warrantless search of his vehicle. On appeal, Harris raises the following two
issues:
I. Whether the methamphetamine was seized in violation of his rights under the Fourth Amendment to the United States Constitution; and
II. Whether the methamphetamine was seized in violation of his rights under Article 1, Section 11 of the Indiana Constitution.
The State files a cross appeal, contending that this appeal should be dismissed
because Harris’s belated filings deprive this court of jurisdiction. Concluding
that we have jurisdiction to address the issues before us, we affirm the trial
court’s denial of the motion to suppress and remand to the trial court for further
proceedings.
[2] We affirm and remand.
Facts and Procedural History [3] On April 28, 2017, at approximately 2:45 p.m., Indianapolis Metropolitan
Police Department (“IMPD”) Officer Aaron Ramos (“Officer Ramos”) was
dispatched to a Marathon gas station near Moeller Road and 34th Street to
investigate a call of “a person unresponsive in a vehicle, possibly sleeping, or
under the influence of drugs.” Tr. Vol. II at 8. When Officer Ramos arrived at
the scene, he saw a vehicle parked facing the front of the business. Harris was
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1242 | March 19, 2019 Page 2 of 17 sitting in the driver seat and appeared to be either asleep or unconscious.
Before approaching the vehicle, Officer Ramos went inside the gas station and
confirmed that Harris was the man about whom the call was made.
[4] Officer Ramos then returned to the vehicle and knocked on the driver’s
window, trying to rouse Harris When Harris did not respond, Officer Ramos
looked through the window and saw on the passenger seat a “syringe with an
orange cap on top” sticking out of a black pouch. Id. at 10. Officer Ramos
knew it was a syringe because “[w]ith the orange cap, and the—object was
sticking out . . . [he] could see part of it.” Id. The pouch was open and facing
Harris. Seeing the syringe, Officer Ramos was concerned that Harris was under
the influence of drugs and may have suffered an overdose.
[5] Officer Ramos opened the car door and continued trying to wake Harris by
tapping him and yelling at him. Id. “Eventually, [Harris] did come out of it.”
Id. Officer Ramos asked Harris “if he had been using,” and “[Harris] said,
nothing.” Id. at 11. Officer Ramos “had [Harris] step out of the vehicle” and
noticed that he was “unsteady,” “shaky,” “jittery,” and “couldn’t stand still.”
Id. Harris was wearing one shoe, with no shoe or sock on his other foot. His
“clothes appeared disheveled,” and he was sweating. Id.
[6] With Harris out of his vehicle, Officer Ramos had an unobstructed view of the
pouch and its contents, and he could see, without touching the pouch, that it
contained two larger-size baggies of a crystal substance. Based on his “training
and experience,” Officer Ramos believed the substance was crystal
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1242 | March 19, 2019 Page 3 of 17 methamphetamine. Id. at 12-13. Because the baggies contained a substantial
amount of methamphetamine, Officer Ramos suspected that Harris was
“involved in the dealing, or the sale of methamphetamine.” Id. at 13. Officer
Ramos placed Harris in handcuffs, stating that he believed that Harris was “a
possible threat to [the officer’s] safety” because:
[T]here was a syringe that had possibly been used recently in the vehicle, within arm’s reach of Mr. Harris. Also, because of his demeanor, I wasn’t sure -- I was there by myself. I wasn’t sure what -- what the reason for his behavior, so I placed him in handcuffs for officer safety, just to keep control of him, until back up arrived.
Id. at 12. Officer Ramos contacted a narcotics officer and then retrieved the
baggies of methamphetamine and placed them inside an evidence bag.
[7] Officer Ramos arrested Harris, placed him inside the cruiser, and transported
him to the northwest district roll call. Id. at 14, 20. There, Harris signed a
“waiver of rights” before being interviewed by IMPD Detective James Smith
(“Detective Smith”). Id. at 21. During the interview, Harris said he did not
deal drugs; instead, he was a “middle man.” Id. Explaining that a middle man
was the one who made the connection between customers and dealers, Harris
gave Detective Smith names and “possible identities” of people for whom he
arranged transactions. Id. On May 5, 2017, the State charged Harris with
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1242 | March 19, 2019 Page 4 of 17 dealing in methamphetamine1 as a Level 2 felony and alleged that he was an
habitual offender.2 Appellant’s App. Vol. II at 12-13.
[8] On January 18, 2018, Harris filed a motion to suppress both the
methamphetamine found in his vehicle and the statements he made to
Detective Smith during the interview. At the hearing on the motion, Harris
argued that there had been no reasonable suspicion or probable cause to detain
him and that, by illegally cuffing him, anything thereafter discovered was fruit
of the poisonous tree. Id. at 60. The trial court denied Harris’s motion on
March 8, 2018 (“March 2018 Order”), saying, “Given the officer’s observations
and the open view cap to a syringe in the vehicle, Ramos had probable cause to
arrest [Harris] for a crime.” Id. at 61. It also stated, “Probable cause to believe
that an operable vehicle contains contraband is an exception to the warrant
requirement under Fourth Amendment analysis.” Id. The trial court
concluded, “Under the totality of the circumstances, the officers’ actions were
reasonable under the United States and Indiana Constitutions.”3 Id. at 61.
[9] On April 24, 2018, Harris belatedly filed a petition asking the trial court: (1) to
certify the March 2018 Order for interlocutory appeal; and (2) to stay
proceedings in the trial court pending the outcome of the appeal. Id. at 68-70.
1 See Ind. Code § 35-48-4-1.1(a)2, (e)(1). 2 The habitual offender count was later amended, but only to reflect the correct conviction date for an underlying offense. Appellant’s App. Vol. II at 45-47. 3 Harris does not appeal the trial court’s denial of his motion to suppress the statements he made to Detective Smith.
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1242 | March 19, 2019 Page 5 of 17 That same day, the trial court issued an order granting Harris’s motion. Id. at
9, 71. On May 21, 2018, Harris filed a motion asking the trial court to issue an
amended order reflecting there was good cause for granting the belated petition
for certification. Id. at 72-75. The trial court issued its amended order on May
22, 2018, certifying the March 2018 Order for interlocutory appeal and finding
good cause for Harris’s belated filing. Id. at 76. Specifically, the trial court
found that “[Harris]’s counsel has been and continues to be in the midst of an
ongoing family medical emergency, the delay was not intentional nor an
attempt to gain an advantage, and the delay was through no fault of the
defendant himself.” Id.
[10] On May 24, 2018, Harris filed with this court a verified motion to accept
jurisdiction of a discretionary interlocutory appeal. Id. at 77-84. On June 29,
2018, our court accepted jurisdiction over the interlocutory appeal. Id. at 113.
In that order, our court specified that Harris was to comply with Appellate Rule
14(B)(3), which requires an appellant to file a notice of appeal with the clerk
within fifteen days of our court having accepted jurisdiction over the
interlocutory appeal. Id. at 113. Harris failed to file a timely notice of appeal
with this court but, on August 7, 2018, filed a verified motion for leave to file a
belated notice of interlocutory appeal. Our court granted Harris’s motion on
August 17, 2018, and Harris filed his notice of appeal that same day.
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1242 | March 19, 2019 Page 6 of 17 Discussion and Decision
Timeliness of Appeal [11] On cross-appeal, the State contends that our court does not have jurisdiction to
hear this appeal. Since a question of jurisdiction must be decided prior to
analyzing the merits, we address the State’s cross-appeal first. See Arflack v.
Town of Chandler, 27 N.E.3d 297, 300 (Ind. Ct. App. 2015) (court addressed
appellant’s procedural issue of jurisdiction prior to proceeding on the merits).
The State cites Johnson v. Estate of Brazill, 917 N.E.2d 1235, 1239 (Ind. Ct. App.
2009) for the proposition that “[t]he timeliness of an appeal is a jurisdictional
matter.” Appellee’s Br. at 10. Noting that the Appellate Rules’ authorization of
interlocutory appeals is “strictly construed,” the State maintains that Harris’s
belated appeal from the interlocutory order deprives this court of jurisdiction.
Id. Specifically, the State claims that the following circumstances preclude this
appeal: (1) Harris’s late request for certification of the trial court’s denial of his
motion to suppress; (2) his failure to comply with Appellate Rule 14; (3) his
untimely notice of appeal; and (4) his inability to proceed under Indiana Post-
Conviction Rule 2. The State also notes that, since Harris will be able to litigate
this issue during trial and can appeal any adverse judgment, Harris will not be
prejudiced by our court’s refusal to accept jurisdiction over this appeal. Id.
These claims can be consolidated and restated as whether Harris’s untimely
filings with the trial and appellate courts deprived this court of jurisdiction.
[12] Appellate Rule 14(B) governs discretionary interlocutory appeals and, in part,
provides for a two-step process to initiate a discretionary interlocutory appeal:
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1242 | March 19, 2019 Page 7 of 17 (1) the trial court must certify its order for interlocutory appeal; and (2) if the
trial court does so, this court “in its discretion, upon motion by a party” may
accept interlocutory jurisdiction over the appeal. See Ind. Appellate Rule 14(B);
State v. Foy, 862 N.E.2d 1219, 1223 (Ind. Ct. App. 2007).
[13] Regarding step one, a party seeking discretionary interlocutory review of a trial
court’s order must seek certification of the appealed order from the trial court
within thirty days of the order having been entered. App. R. 14(B)(1)(a).
Where the thirty-day period has elapsed, the party seeking interlocutory review
must set forth good cause for the delay in seeking certification of the order. Id.
In its May 22, 2018 order, the trial court granted Harris’s request for
interlocutory appeal of the March 2018 Order, noting:
The Court . . . finds that [Harris’s] Petition for Certification was filed belatedly. This Court finds good cause for the belated filing—specifically, [Harris’s] counsel has been and continues to be in the midst of an ongoing family medical emergency, the delay was not intentional nor an attempt to gain an advantage, and the delay was through no fault of [Harris] himself.
Appellant’s App. Vol. II at 76. Finding good cause for the belated filing, the trial
court permitted Harris’s belated motion and granted his request to certify the
March 2018 Order for interlocutory appeal.
[14] Regarding step two, “A party initiates an appeal by filing a notice of appeal
within thirty days after entry of an appealable order.” In re D.J. v. Ind. Dep’t of
Child Servs., 68 N.E.3d 574, 578 (Ind. 2017). Our court “in its discretion, upon
motion by a party, may accept jurisdiction of the appeal.” App. R. 14(B)(2). Court of Appeals of Indiana | Memorandum Decision 18A-CR-1242 | March 19, 2019 Page 8 of 17 Despite the thirty-day requirement for filing a notice of appeal, timeliness is not a prerequisite to invoking appellate jurisdiction. Stated differently, the reviewing court is not deprived of jurisdiction if the notice is untimely—meaning belated or premature. The only two prerequisites under our appellate rules are (i) the trial court must have entered an appealable order, and (ii) the trial clerk must have entered the notice of completion of clerk’s record on the CCS.
In re D.J., 68 N.E.3d at 578 (emphasis added); see In re Adoption of O.R., 16
N.E.3d 965, 967-68 (Ind. 2014) (“the untimely filing of a Notice of Appeal is
not a jurisdictional bar precluding appellate review.”). Here, both prerequisites
were met.
[15] Furthermore, a notice of appeal for an interlocutory order “shall be in the form
prescribed by Appellate Rule 9 . . . .” App. R. 14(B)(3). Our Supreme Court
recently stated:
Appellate Rule 9(A)(5) speaks not of jurisdiction but forfeiture: “Unless the Notice of Appeal is timely filed, the right to appeal shall be forfeited except as provided in [Post–Conviction Rule] 2.” It is noteworthy that “[f]orfeiture and jurisdiction are not the same.” In re Adoption of O.R., 16 N.E.3d [at 970]. Forfeiture is “[t]he loss of a right, privilege, or property because of a . . . breach of obligation[ ] or neglect of duty.” Id. (quoting Black’s Law Dictionary 765 (10th ed. 2014)). Jurisdiction, by contrast, refers to “[a] court’s power to decide a case or issue a decree,” Black’s Law Dictionary 980—it “speaks to the power of the court rather than to the rights or obligations of the parties,” [In re] Adoption of O.R., 16 N.E.3d at 971 (brackets, citations, and emphases omitted).
In re D.J., 68 N.E.3d at 579. Court of Appeals of Indiana | Memorandum Decision 18A-CR-1242 | March 19, 2019 Page 9 of 17 [16] “Although it is never error for an appellate court to dismiss an untimely appeal,
the court has jurisdiction to disregard the forfeiture and resolve the merits.” In
re Adoption of O.R., 16 N.E.3d at 971-72.
Indiana’s rules and precedent give reviewing courts authority “to deviate from the exact strictures” of the appellate rules when justice requires. In re Howell, 9 N.E.3d 145, 145 (Ind. 2014). “Although our procedural rules are extremely important . . . they are merely a means for achieving the ultimate end of orderly and speedy justice.” American States Ins. Co. v. State ex rel. Jennings, 258 Ind. 637, 640, 283 N.E.2d 529, 531 (1972). See also App. R. 1 (“The Court may, upon the motion of a party or the Court’s own motion, permit deviation from these Rules.”). This discretionary authority over the appellate rules allows us to achieve our preference for “decid[ing] cases on their merits rather than dismissing them on procedural grounds.” [In re] Adoption of O.R., 16 N.E.3d at 972 (citation omitted). See also In re Adoption of T.L., 4 N.E.3d 658, 661 n.2 (Ind. 2014) (considering merits after denying appellees’ motion to dismiss based on procedural defect) . . .
In re D.J., 68 N.E.3d at 579. Accordingly, we deny the State’s request to
dismiss this appeal and choose to address it on the merits.
Motion to Suppress [17] Harris argues that the police seized the methamphetamine in violation of his
rights under the Fourth Amendment to the United States Constitution and
Article 1, Section 11 of our Indiana Constitution, and, therefore, the trial court
abused its discretion in denying his motion to suppress the evidence. Appellant’s
App. at 9. A trial court is afforded broad discretion in ruling on the
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1242 | March 19, 2019 Page 10 of 17 admissibility of evidence, and we will reverse such a ruling only upon a
showing of an abuse of discretion. Glasgow v. State, 99 N.E.3d 251, 256 (Ind.
Ct. App. 2018). An abuse of discretion involves a decision that is clearly
against the logic and effect of the facts and circumstances before the court. Id.
We will not reweigh the evidence, and we consider conflicting evidence in the
light most favorable to the trial court’s ruling, but we also consider any
uncontested evidence favorable to the defendant. Id. at 256-57; Collins v. State,
822 N.E.2d 214, 218 (Ind. Ct. App. 2005), trans. denied. When, as in the instant
case, the admissibility of evidence turns on questions of constitutionality
relating to the search and seizure of that evidence, our review is de novo. Jacobs
v. State, 76 N.E.3d 846, 849 (Ind. 2017).
I. Fourth Amendment
[18] The Fourth Amendment states,
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
“The fundamental purpose of the Fourth Amendment is to protect the
legitimate expectations of privacy that citizens possess in their persons, their
homes, and their belongings.” Mullen v. State, 55 N.E.3d 822, 827 (Ind. Ct.
App. 2016) (internal quotation marks omitted). “This protection has been
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1242 | March 19, 2019 Page 11 of 17 extended to the states through the Fourteenth Amendment to the United States
Constitution.” Id. (citing Krise v. State, 746 N.E.2d 957, 961 (Ind. 2001)).
[19] In general, the Fourth Amendment prohibits searches and seizures conducted
without a warrant supported by probable cause. Id. (citing Clark v. State, 994
N.E.2d 252, 260 (Ind. 2013)). “‘[A] person is seized . . . when, by means of
physical force or a show of authority, his freedom of movement is restrained.’”
Randall v. State, 101 N.E.3d 831, 837 (2018) (quoting U.S. v. Mendenhall, 446
U.S. 544, 553 (1980)), trans. denied (internal quotation marks omitted). “[A]
warrantless search or seizure is per se unreasonable.” M.O. v. State, 63 N.E.3d
329, 331 (Ind. 2016). “As a deterrent mechanism, evidence obtained without a
warrant is not admissible in a prosecution unless the search or seizure falls into
one of the well-delineated exceptions to the warrant requirement.” Mullen, 55
N.E.3d at 827. “Where a search or seizure is conducted without a warrant, the
State bears the burden to prove that an exception to the warrant requirement
existed at the time of the search or seizure.” Brooks v. State, 934 N.E.2d 1234,
1240 (Ind. Ct. App. 2010), trans. denied.
[20] Officer Ramos encountered Harris at the Marathon gas station when he
responded to a dispatch that a person was “unresponsive in a vehicle, possibly
sleeping, or under the influence of drugs.” Tr. Vol. II at 8. Once Officer Ramos
confirmed that Harris was the subject of the call, Officer Ramos approached
Harris’s vehicle and tried to rouse him by rapping on the window. Harris did
not immediately respond, and as Officer Ramos continued to rap on the
window, he saw on the passenger seat a “syringe with an orange cap on top”
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1242 | March 19, 2019 Page 12 of 17 sticking out of a black pouch. Id. at 10. Officer Ramos opened the car door
and continued his efforts to wake Harris by tapping him and yelling at him. Id.
Eventually, Harris came to. Id. Harris concedes that none of these actions
taken by Officer Ramos, including opening Harris’s car door without a warrant,
constituted a violation of his Fourth Amendment rights. Appellant’s Br. at 12
n.2 (citing Cruz-Salazar v. State, 63 N.E.3d 1055, 1056 (Ind. 2016) (finding driver
unresponsive in a stationary vehicle, provided objectively reasonable basis for
officer to open the door and check on the driver)). Instead, Harris contends
that, because he was illegally detained when Officer Ramos ordered him out of
the car and handcuffed him without probable cause to do so, the evidence
found in the car was the fruit of the poisonous tree. Id. We disagree.
[21] Having observed the syringe, Officer Ramos was concerned that Harris was
under the influence of drugs and may have suffered an overdose. Accordingly,
once Harris regained consciousness, Officer Ramos had Harris step out of his
vehicle. Tr. Vol. II at 11. As Harris exited his vehicle, Officer Ramos had an
unobstructed view of the passenger seat and could see inside the pouch, where
there were two large baggies of a crystal substance. Based on his “training and
experience,” Officer Ramos believed the substance was crystal
methamphetamine. Id. at 12-13. Because the baggies contained a substantial
amount of methamphetamine, Officer Ramos suspected that Harris was
“involved in the dealing, or the sale of methamphetamine.” Id. at 13. At this
point, prior to placing Harris in handcuffs, Officer Ramos had probable cause to
believe the vehicle contained evidence of a crime.
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1242 | March 19, 2019 Page 13 of 17 [22] “The ‘automobile exception’ to the warrant requirement allows police to search
a vehicle without obtaining a warrant if they have probable cause to believe the
vehicle contains evidence of a crime.” Harbaugh v. State, 96 N.E.3d 102, 106
(Ind. Ct. App. 2018) (quoting State v. Hobbs, 933 N.E.2d 1281, 1285 (Ind.
2010)), trans. denied. “This doctrine is grounded in two notions: 1) a vehicle is
readily moved and therefore the evidence may disappear while a warrant is
being obtained; and 2) citizens have lower expectations of privacy in their
vehicles than in their homes.” Hobbs, 933 N.E.2d at 1285 (citing California v.
Carney, 471 U.S. 386, 391 (1985)). “Most cases addressing the automobile
exception arise in the context of an arrest or an investigatory stop of a motorist
that gives rise to probable cause, but the exception is grounded in the mobility
of the vehicle and its location in a public area, not on whether the issue arises in
the context of an arrest or a traffic stop.” Id.
[23] “Under this exception, ‘an operational vehicle is inherently mobile, whether or
not a driver is behind the wheel or has ready access.’” Harbaugh, 96 N.E.3d at
106. (quoting Hobbs, 933 N.E.2d at 1286). While Harris contends that there
was no proof that his vehicle was operational, that issue is of no import. Our
Supreme Court has set forth its understanding of the “ready mobility”
requirement of the automobile exception, saying,
[A]ll operational, or potentially operational, motor vehicles are inherently mobile, and thus a vehicle that is temporarily in police control or otherwise confined is generally considered to be readily mobile and subject to the automobile exception to the warrant requirement if probable cause is present. This broad
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1242 | March 19, 2019 Page 14 of 17 understanding of “readily mobile” is also consistent with the recognition that, for Fourth Amendment purposes, an individual is deemed to have a reduced expectation of privacy in an automobile.
Myers v. State, 839 N.E.2d 1146, 1152 (Ind. 2005) (emphasis added). Having
seen the syringe and the baggies of crystal methamphetamine in the pouch on
the passenger seat of Harris’s vehicle, Officer Ramos had probable cause for a
warrantless search of the interior of Harris’s vehicle under the automobile
exception. Id. The probable cause and ready mobility of the vehicle allowed
the warrantless search of the vehicle’s interior. Harris has not established that
the seizure of the methamphetamine violated his rights under the Fourth
Amendment.
II. Article 1, Section 11
[24] Article 1, Section 11 of the Indiana Constitution provides for the “right of the
people to be secure in their persons, houses, papers, and effects, against
unreasonable search or seizure. . . .” “Despite the fact that the text of Article 1,
Section 11 is nearly identical to the Fourth Amendment, Indiana courts
interpret and apply it ‘independently from federal Fourth Amendment
jurisprudence.’” Rutledge v. State, 28 N.E.3d 281, 291 (Ind. Ct. App. 2015)
(quoting Mitchell v. State, 745 N.E.2d 775, 786 (Ind. 2001)). “In conducting
analysis under this provision, we focus on whether the officer’s conduct ‘was
reasonable in light of the totality of the circumstances.’” Id. (quoting Holder v.
State, 847 N.E.2d 930, 940 (Ind. 2006)). In making this determination, we
balance: “(1) the degree of concern, suspicion, or knowledge that a violation Court of Appeals of Indiana | Memorandum Decision 18A-CR-1242 | March 19, 2019 Page 15 of 17 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.” Id. When police conduct is challenged as violating
Section 11, the burden is on the State to show that the search or seizure was
reasonable under the totality of the circumstances. Id. (citing State v.
Washington, 898 N.E.2d 1200, 1206 (Ind. 2008)).
[25] Here, the degree of concern, suspicion, or knowledge that a violation had
occurred was high. Officer Ramos encountered Harris while responding to a
report of a nonresponsive man sitting in the parking lot of a Marathon gas
station. Officer Ramos tried repeatedly to rouse Harris, but when knocking on
the window did not work, he opened Harris’s door to tap him and yell at him.
Tr. Vol. II at 10. Seeing a syringe sticking out of a pouch on the passenger seat,
Officer Ramos became concerned that Harris was under the influence of drugs
or experiencing an overdose. Id. Once Harris had regained consciousness,
Officer Ramos asked him to step out of the car. Id. at 11. It was then that the
officer saw the two large baggies of methamphetamine. Id. at 12. Based on his
“training and experience,” Officer Ramos believed the substance was crystal
methamphetamine, in a volume suggesting that Harris was “involved in the
dealing, or the sale of methamphetamine.” Id. at 13.
[26] Officer Ramos’s actions did not intrude into Harris’s ordinary activities. Officer
Ramos did not stop Harris’s car on the road. Instead, Officer Ramos
encountered Harris passed out in a car. By the time Harris regained
consciousness, Officer Ramos had already seen the syringe. Officer Ramos
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1242 | March 19, 2019 Page 16 of 17 merely asked Harris to step out of his car. It was then that Officer Ramos saw
the baggies of methamphetamine. This did not interfere with Harris’s activities.
[27] Finally, the law enforcement needs were high. Harris was passed out and
difficult to wake up. He was sitting next to a pouch and syringe that were
visible through the car window. From this evidence, Officer Ramos believed
that Harris might have overdosed. Additionally, the amount of
methamphetamine that Officer Ramos saw on the passenger seat suggested that
Harris was a dealer. It was not unreasonable for Officer Ramos to seize the
methamphetamine.
[28] Here, the warrantless search of Harris’s vehicle did not violate the search and
seizure provisions of either the federal Fourth Amendment or Article 1, Section
11 of the Indiana Constitution. The trial court did not abuse its discretion when
it denied Harris’s motion to suppress the evidence of the methamphetamine.
[29] Affirmed and remanded.
Riley, J., and Robb, J., concur.
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1242 | March 19, 2019 Page 17 of 17