Lamont Wilford v. State of Indiana

31 N.E.3d 1023, 2015 Ind. App. LEXIS 423, 2015 WL 3402511
CourtIndiana Court of Appeals
DecidedMay 27, 2015
Docket49A02-1408-CR-534
StatusPublished
Cited by5 cases

This text of 31 N.E.3d 1023 (Lamont Wilford v. State of Indiana) 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
Lamont Wilford v. State of Indiana, 31 N.E.3d 1023, 2015 Ind. App. LEXIS 423, 2015 WL 3402511 (Ind. Ct. App. 2015).

Opinion

BAILEY, Judge.

Case Summary

[1] Lamont Wilford (“Wilford”) appeals his conviction for Carrying a Handgun without Being Licensed, as a Class A misdemeanor. 1 He challenges his conviction on the basis that the handgun and photographs of the gun were erroneously admitted into evidence because the gun was discovered during a warrantless search of the car Wilford was driving. 2 We affirm.

Issue

[2] Wilford presents one issue for review: whether the trial court abused its discretion in admitting into evidence the *1027 handgun and photographs of the gun discovered during a vehicle inventory search.

Facts and Procedural History

[3] Mid-morning on May 30, 2013, Wilford’s father borrowed a green Oldsmobile from his daughter (Wilford’s sister) to drive to work. He picked up Wilford on the way. After his father arrived at work, Wilford borrowed the car to run errands. Shortly after, Wilford was driving in Marion County when Indianapolis Metropolitan Police Department (“IMPD”) Officer Eli Raisovich (“Officer Raisovich”) observed multiple equipment problems with the car, including “multiple cracks” in the windshield and a “smashed” back end that left the tail light operable but exposed. (Tr. 6.) Officer Raisovich initiated a traffic stop, and Wilford pulled off the road and parked in a Planet Fitness parking lot. 3

[4] Officer Raisovich approached the car and asked to see Wilford’s driver’s license. After conducting a computer search using the Indiana identification card Wilford presented, the officer learned that Wilford’s driver’s license was suspended with forty-two points and that Wilford had a prior suspension. Officer Raisovich decided to place Wilford under arrest for driving while suspended with a prior suspension and called for back-up, to which IMPD Sergeant Michael Jefferson (“Sergeant Jefferson”) responded.

[5] The officers approached the car and asked Wilford to exit the vehicle. Wilford did not immediately comply and appeared to be fumbling with his keys and attempting to roll up the windows. Wilford testified that he was trying to close the windows and lock the car so he “could leave it there to have somebody pick it up.” (Tr. 67.) Wilford eventually exited the ear and was placed in handcuffs at the rear of Officer Raisovich’s cruiser.

[6] Officer Raisovich then decided to impound the car “because of the unsafe condition of it and the fact that ... Wilford was being arrested and he was not the owner of the vehicle.” (Tr. 10.) Wilford told the officers that the car belonged to his sister, and Officer Raisovich testified that he would have released the vehicle “[i]f the owner would’ve been there and with a ... valid license[.]” (Tr. 11.) But he also testified that, due to “the totality of the thing,” that is, the unsafe condition, Wilford’s arrest, and the fact that Wilford was not the owner, “our procedures in that situation” indicated the vehicle should be towed. (Tr. 11.)

[7] Officer Raisovich then asked Sergeant Jefferson to inventory the car’s contents prior to towing. While completing the inventory, Sergeant Jefferson discovered a stolen handgun in the front center console. An evidence technician photographed the gun in the car. Wilford admitted that the gun was his and that he did not have a handgun license.

[8] On May 30, 2013, Wilford was charged with Carrying a Handgun without Being Licensed and Driving While Suspended with a Prior Suspension, 4 each a Class A misdemeanor. On July 9, 2014, a bench trial commenced. At trial, Wilford objected to the admission into evidence of the gun and photographs of the gun in the car, arguing that the vehicle search was not a valid inventory search and therefore violated his rights under both the Fourth Amendment to the U.S. Constitution and *1028 Article 1, Section 11 of the Indiana Constitution. The State contended that the evidence was obtained in a reasonable inventory search. The trial court admitted the gun and photographs. At the conclusion of trial, Wilford was found guilty of both charges. For each offense, Wilford was sentenced to 365 days, to be served concurrently, with 357 days suspended to probation. Wilford appeals only his conviction for Carrying a Handgun without Being Licensed.

Discussion and Decision

Standard of Review

[9] The trial court has broad discretion to rule on the admissibility of evidence. Guilmette v. State, 14 N.E.3d 38, 40 (Ind.2014). We review the court’s ruling for abuse of that discretion and reverse only when admission is clearly against the logic and effect of the facts and circumstances before the court and the error affects a party’s substantial rights. Id. (citation and quotation marks omitted). On appeal, we do not reweigh the evidence, but consider the evidence most favorable to the trial court’s ruling. Myers v. State, 839 N.E.2d 1146, 1150 (Ind.2005). An appellant’s challenge to the constitutionality of a search or seizure raises a question of law, which we review de novo. Guilmette, 14 N.E.3d at 40-41.

Reasonable Expectation of Privacy & Standing

[10] As an initial matter, the State argues that Wilford did not establish that he had a reasonable expectation of privacy in his sister’s car or that he had standing under the Indiana Constitution that would allow him to challenge the validity of the search. To challenge a search under the Indiana Constitution, “a defendant must establish ownership, control, possession, or interest” in the premises searched. Campos v. State, 885 N.E.2d 590, 598 (Ind.2008) (quoting Peterson v. State, 674 N.E.2d 528, 534 (Ind.1996)). Under the Fourth Amendment, “a defendant must demonstrate that he personally has an expectation of privacy in the place searched, and that his expectation is reasonable^]” Minnesota v. Carter, 525 U.S. 83, 88, 119 S.Ct. 469, 142 L.Ed.2d 373 (1998). Our supreme court has held that the driver of a borrowed car has met his burden under the federal and state constitutions if the driver testifies that he had consent to drive the car and the State introduces no evidence to the contrary. Campos, 885 N.E.2d at 599.

[11] On appeal, the State argues that the evidence Wilford presented at trial was insufficient to establish that Wilford had permission of the car’s owner. The State concedes, however, that it did not pursue this argument at trial. As to the state constitutional claim, the State must raise the issue of standing at the trial court level in order to preserve it for appeal. See Willis v. State, 780 N.E.2d 423, 427 (Ind.Ct.App.2002) (citing Everroad v. State, 590 N.E.2d 567

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

Related

Lamont Wilford v. State of Indiana
50 N.E.3d 371 (Indiana Supreme Court, 2016)
Chauncy Rhodes v. State of Indiana
50 N.E.3d 378 (Indiana Court of Appeals, 2016)
Phillip Whitley v. State of Indiana
47 N.E.3d 640 (Indiana Court of Appeals, 2015)
David Goodin v. State of Indiana (mem. dec.)
Indiana Court of Appeals, 2015

Cite This Page — Counsel Stack

Bluebook (online)
31 N.E.3d 1023, 2015 Ind. App. LEXIS 423, 2015 WL 3402511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lamont-wilford-v-state-of-indiana-indctapp-2015.