FILED Nov 07 2024, 8:41 am
CLERK Indiana Supreme Court Court of Appeals and Tax Court
IN THE
Court of Appeals of Indiana State of Indiana, Appellant-Defendant
v.
James W. Baker, Jr., Appellee-Plaintiff
November 7, 2024 Court of Appeals Case No. 24A-CR-914 Appeal from the Hamilton Superior Court The Honorable William J. Hughes, Judge Trial Court Cause No. 29D03-2306-F4-4211
Opinion by Judge Brown Judge Kenworthy concurs. Judge Mathias dissents with opinion.
Court of Appeals of Indiana | Opinion 24A-CR-914 | November 7, 2024 Page 1 of 27 Brown, Judge.
[1] The State appeals the trial court’s order granting a motion to suppress filed by
James W. Baker, Jr. The State maintains that the trial court erred in granting
Baker’s motion to suppress. We reverse and remand.
Facts and Procedural History
[2] During the early morning hours of June 12, 2023, Carmel Police Officer
Thomas Szybowski patrolled the parking lot of the Extended Stay America, a
lot he patrols often due to past criminal interactions and arrests. He observed a
man later identified to be Baker “around a brown pick-up truck.” Transcript
Volume II at 8. Baker’s behavior changed and he “appeared to hide behind a
pillar of the vehicle to conceal his face.” Id. Officer Szybowski considered
Baker’s conduct as “being evasive.” Id. at 19. Officer Szybowski obtained the
license plate information, circled the lot, and returned to complete a “second
pass” when Baker was “proceeding into the hotel room.” Id. at 8.
[3] Officer Szybowski ran the license plate information and discovered the truck
was registered to James Baker. When he ran a query on the name James Baker
with a date of birth, he discovered that individual had “a full extradition
warrant . . . for Boone County.” Id. at 9. Officer Szybowski requested
additional officers, “did another loop,” observed Baker, who was with a female
later identified as Elizabeth, walking across the parking lot, and asked him to
stop and talk with him. Id. at 10. Other officers arrived “maybe a minute,
maybe two minutes” after Officer Szybowski requested them. Id. at 12. Officer
Court of Appeals of Indiana | Opinion 24A-CR-914 | November 7, 2024 Page 2 of 27 Szybowski pulled his vehicle up to the curb lane, parked without his emergency
lights activated, and did not block any vehicles “from being able to come or go
in that lane of travel and . . . did not block any of the parked vehicles” including
the pickup truck. 1 Id. at 15.
[4] Officer Szybowski asked Baker for his identification, and Baker provided an
identification card. Officer Szybowski told Baker that the registration returned
to a wanted male, and Baker said that he was “borrowing [the truck] from a
friend, Jimmy.” Id. at 14. Baker said that he “did not know anybody was
wanted or [he] wouldn’t have borrowed their truck.” Joint Exhibit 1 at 2:10-
2:15. Officer Szybowski asked Baker if he had anything else with his
identification on it, and Baker said no. Officer Szybowski held up the
identification card, looked at Baker, and said, “I’m not going to lie. This
doesn’t really doesn’t look like you.” Id. at 3:50-3:57. Baker said, “That’s me,
man.” Id. at 3:58-4:00. Officer Szybowski told Baker that he needed him to
“hang tight” for him, returned to his vehicle, and entered information in his
computer which displayed photographs. Id. at 4:09-4:11. He reviewed the
BMV information which included a photo of a person named James Baker.
The identification card provided by Baker had a different name and a different
image than the BMV photograph for the wanted individual. Officer Szybowski
1 Officer Szybowski testified that “the design of that parking lot is like a doughnut or a big circle around the hotel building itself and so two cars can pass. So there’s two lanes even though it’s not identified with painting on the ground as two lanes, but it’s not a one-way loop, if you will. Parking’s on the outside of it except for the front of the building and the back of the building, but the sides it’s just on the outside, not up against the building.” Transcript Volume II at 15.
Court of Appeals of Indiana | Opinion 24A-CR-914 | November 7, 2024 Page 3 of 27 informed another officer that he believed the person with whom he spoke was
the wanted subject and asked the officer to compare the photographs of the
wanted subject and the photograph on the identification card with the person
with whom he spoke. The officer informed Officer Szybowski that Baker
looked more like the person in the wanted photographs than the photograph on
the provided identification card.
[5] Given the warrant and what he believed was Baker falsely identifying himself,
Officer Szybowski placed him in handcuffs. Officer Szybowski told Baker,
“We’re not taking you to jail necessarily, but I don’t believe the ID you gave me
is accurate.” Id. at 9:09-9:14. Officer Szybowski patted down Baker and set his
keychain down with his belongings because it had a knife. Officer Szybowski
asked Baker for the last four digits of his social security number, and Baker said,
“I don’t even know my [social security number] right now. As a matter of fact,
I don’t even want to answer any more questions. You guys are ridiculous. This
is . . . this is nuts. I’m exercising my Fifth Amendment right.” Id. at 10:02-
10:12. Officer Szybowski informed Baker he was going to have him sit in the
back of his vehicle until his investigation was over. Baker asked Officer
Szybowski what he was investigating, and he answered, “That vehicle and the
registered owner whom you resemble as opposed to the ID you gave me.” Id.
at 10:22-10:27. He placed Baker in the back of his police vehicle “which was
not blocking the vehicle but was within two cars’ length of the vehicle and in
physical observation of that vehicle.” Transcript Volume II at 15.
Court of Appeals of Indiana | Opinion 24A-CR-914 | November 7, 2024 Page 4 of 27 [6] Officer Szybowski then spoke with Elizabeth who indicated that the man she
was with was named Jimmy. Officer Szybowski returned to his vehicle and
said, “Hey Jimmy, you’re going to get a new charge unless you want to just be
honest with me at this point.” Joint Exhibit 1 at 12:02-12:08. Baker said, “For
one, my name’s not Jimmy. For two, I already told you I’m not answering any
more questions.” Id. at 12:08-12:12. Officer Szybowski conferred with another
officer, showed her the identification card Baker provided, and she agreed that
the photo on the identification card did not look like Baker but he did look like
the person in the BMV photo. Officer Szybowski returned to his vehicle and
entered some information into his computer.
[7] “[E]arly on in the investigation,” Officer Szybowski requested a canine officer.
Transcript Volume II at 24. Carmel Police Officer Branden Owens and his
canine, Jax, a dog certified for narcotics through the National Narcotics
Detective Dogs of America, arrived at the scene. Officer Szybowski asked
Officer Owens, who was speaking to Elizabeth, to run Jax around the pickup
truck associated with Baker and Elizabeth. Officer Owens said that he could try
but they had just conducted a “whole building search.” 2 Joint Exhibit 1 at
2 On cross-examination, defense counsel asked Officer Owens: “So, you initially were a little hesitant and said, hey, we just did a whole building search. Is that because of the dog getting tired or unfocused or what? Why would you answer in that way?” Transcript Volume II at 41-42. Officer Owens answered: “Because after a building search, the dog is pretty tired, and he will then use his mouth to breathe and not his nose.” Id. at 42. Defense counsel asked: “So, in your opinion, does that give any concern to the validity of the positive indication on the vehicle?” Id. Officer Owens answered: “I believe it would be the opposite.” Id. On redirect examination, Officer Owens explained that Jax is typically exhausted after a long building search and that he “is less likely to false on a car after a building search than he is [at] any other time.” Id. at 43.
Court of Appeals of Indiana | Opinion 24A-CR-914 | November 7, 2024 Page 5 of 27 13:46-13:48. Officer Owens deployed Jax to conduct an exterior sniff of the
pickup truck.
[8] Officer Szybowski made a phone call and stated, “Hey. Are you coming over
here? Alright. Are you cool if I ask for . . . This guy’s still refusing to
cooperate. I have a driver’s license. He doesn’t look like him. The car they’re
associated with, the guy has a full extradition warrant out of Indiana. Is it cool
if I ask for a north district car to come over here with a fingerprint scanner?” Id.
at 14:26-14:52. He then requested a car with a fingerprint scanner.
[9] Officer Owens informed Officer Szybowski that Jax alerted to the presence of
narcotics on the truck. Officer Szybowski walked over to where Elizabeth was
standing, and another officer informed him that Elizabeth had provided consent
to search her bags. After looking in a bag, Officer Szybowski stated, “That’s a
crack pipe.” Id. at 16:45-16:47. Due to Elizabeth indicating that she had a
broken wrist, Officer Szybowski placed one of her arms in a handcuff and
attached the other handcuff to the belt loop on her pants. Officer Szybowski
spoke with Elizabeth and stated, “I’m going to be completely transparent,
honest, and cool with you guys. He already hates me, and that’s fine. It’s
probably because he’s wanted. Okay. But I’m going to verify that shortly when
a Metro car comes with a fingerprint scanner.” Id. at 18:54-19:06.
[10] After another officer arrived, Officer Szybowski showed the officer the
identification card presented by Baker and a photograph of the wanted
individual. Officer Szybowski stated, “And if you want to look at him, he looks
Court of Appeals of Indiana | Opinion 24A-CR-914 | November 7, 2024 Page 6 of 27 more like that.” Id. at 23:44-23:49. The other officer looked at Baker, and said
“Yeah, that’s him.” Id. at 24:18-24:20.
[11] Prior to touching the truck, Officer Owens used a flashlight to look inside of the
truck and observed a pipe used for smoking methamphetamine. Officer Owens
notified Officer Szybowski, and the two officers conducted a search of the
vehicle and discovered methamphetamine, paraphernalia, cocaine or crack
cocaine, and marijuana. At that point, Officer Szybowski determined that
Baker “went from being detained to under arrest.” Transcript Volume II at 17.
Baker still did not provide “verbal confirmation . . . on his identification.” Id.
Officer Owens entered the Extended Stay to ask if there was anyone booked
under the name James Baker, but “[t]hey were less than helpful in that.” 3 Id. at
39. At some point, an Indianapolis Metropolitan Police Officer responded to
the scene with a fingerprint scanner “which was refused due to his
argumentativeness, and they wanted to avoid that necessary fight.” Id. at 27.
Officers transported Baker to the jail to verify his identity through fingerprinting
or book him as a John Doe.
[12] The State charged Baker with: Count I, possession of methamphetamine as a
level 4 felony; Count II, possession of cocaine as a level 6 felony; Count III,
3 During direct examination, the prosecutor asked: “So, the hotel was not willing to provide you information about who was staying there? Is that correct?” Transcript Volume II at 40. Officer Owens answered: “Correct. They just told me they did not have anybody under that name, but I don’t know if that’s because there wasn’t, or they didn’t want to give me the information.” Id.
Court of Appeals of Indiana | Opinion 24A-CR-914 | November 7, 2024 Page 7 of 27 identity deception as a level 6 felony; and Count IV, possession of
paraphernalia as a class C misdemeanor.
[13] On January 3, 2024, Baker, by counsel, filed a Motion to Suppress Evidence
alleging that the warrantless search of his vehicle violated the Fourth
Amendment to the United States Constitution and Article 1, Section 11 of the
Indiana Constitution. On March 1, 2024, the court held a hearing at which
Officers Szybowski and Owens testified and the court admitted video from
Officer Szybowski’s body camera.
[14] On March 26, 2024, the trial court entered a sixteen-page order granting Baker’s
motion to suppress. The court found that, at the time of the dog sniff of the
truck, both Baker and Elizabeth were in custody and the keys to the vehicle
were in the possession of the police. The court found the facts similar to those
in Arizona v. Gant, 556 U.S. 332, 129 S. Ct. 1710 (2009), and that the search of
the pickup truck could not be justified under the search incident to arrest
exception to the warrant requirement of the Fourth Amendment. The court
stated that “exigent circumstances may justify a warrantless entry and a
warrantless seizure where Police have probable cause to believe that there is an
imminent danger of destruction of evidence or risk of bodily injury to the police
or others.” Appellant’s Appendix Volume II at 97. The court stated that “Jax
alerted during his walk around sniff of the pickup truck and Officer Owens had
viewed the meth pipe on the console of the pickup truck, AFTER Defendant
was in custody, handcuffed and, in a police vehicle.” Id. It found that the
State’s argument did not “address the second prong under federal analysis,
Court of Appeals of Indiana | Opinion 24A-CR-914 | November 7, 2024 Page 8 of 27 EXIGENT CIRCUMSTANCES not of police manufacture.” Id. at 98. It
found that there was “no justification given . . . for any belief that there was risk
of imminent injury to police or to third parties nor [was] there any real
possibility that the pickup Truck and any evidence that may be in it imminent
[sic] peril of loss or destruction.” Id. In addressing Indiana law, the court
discussed State v. Hobbs, 933 N.E.2d 1281 (Ind. 2010), observing that the Hobbs
Court held that the search in that case “was subject to the automobile exception
such that, under federal analysis, no warrant was required to search the vehicle
if the officers had probable cause to believe it contained evidence of a crime.”
Id. at 101. The court stated:
[Baker] herein seeks to distinguish the Hobbs decision on the basis that here the vehicle was in a hotel parking lot of the Extended Sta[y] America parking lot, [Baker’s] temporary residence, when the search occurred. Further, [Baker] was under arrest and incapable of accessing or moving the vehicle such that the police need to act and search the vehicle before a warrant could be obtained was not evident from the record presented by the State. The Court notes that the State does have the burden to establish that a warrantless search was reasonable under both Federal and Indiana analysis.
Id. at 102. 4 It found that Article 1, Section 11 of the Indiana Constitution
required suppression of any evidence obtained without a warrant where Baker
was in custody, probable cause to believe the vehicle with which Baker was
4 While the trial court mentioned the automobile exception and Baker’s argument, it did not specifically rule on whether the automobile exception applied.
Court of Appeals of Indiana | Opinion 24A-CR-914 | November 7, 2024 Page 9 of 27 associated may contain contraband was first received after the arrest, the
suspected contraband was unrelated to the matter for which Baker was arrested,
and there was no likelihood that the vehicle would be moved or evidence
destroyed before a warrant could be obtained.
Discussion
[15] The State contends the trial court erred in granting Baker’s motion to suppress. 5
“In reviewing a trial court’s motion to suppress, we determine whether the
record discloses ‘substantial evidence of probative value that supports the trial
court’s decision.’” State v. Renzulli, 958 N.E.2d 1143, 1146 (Ind. 2011) (quoting
State v. Quirk, 842 N.E.2d 334, 340 (Ind. 2006)). “We do not reweigh the
evidence, but consider ‘conflicting evidence most favorably to the trial court’s
ruling.’” Id. (quoting Quirk, 842 N.E.2d at 340). “When the State appeals from
a negative judgment, as here, it ‘must show that the trial court’s ruling on the
suppression motion was contrary to law.’” Id. (quoting State v. Washington, 898
N.E.2d 1200, 1203 (Ind. 2008), reh’g denied). “[T]he ultimate determination of
the constitutionality of a search or seizure is a question of law that we consider
de novo.” Carpenter v. State, 18 N.E.3d 998, 1001 (Ind. 2014).
[16] The State raises arguments under: (A) the Fourth Amendment; and (B) Article
1, Section 11 of the Indiana Constitution.
5 Pursuant to Ind. Code § 35-38-4-2(a)(5), the State appeals from the suppression of evidence which effectively precludes further prosecution.
Court of Appeals of Indiana | Opinion 24A-CR-914 | November 7, 2024 Page 10 of 27 A. Fourth Amendment
[17] The State argues the search of Baker’s truck was permissible under the Fourth
Amendment’s automobile exception and no separate showing of exigency was
required. Baker asserts that the truck was properly parked and argues that the
automobile exception applies only to vehicles found in non-residential areas. 6
[18] The Fourth Amendment to the United States Constitution provides in pertinent
part: “The right of people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be violated . . . .”
U.S. CONST. amend. IV. If a search is conducted without a warrant, the State
bears the burden to show that one of the well-delineated exceptions to the
warrant requirement applies. M.O. v. State, 63 N.E.3d 329, 331 (Ind. 2016).
[19] We note that a search falls within the automobile exception when a vehicle is
readily mobile and there is probable cause to believe it contains contraband or
evidence of a crime. 7 Meister v. State, 933 N.E.2d 875, 878-879 (Ind. 2010)
6 On appeal, Baker asserts that the State implies that the trial court granted his motion to suppress under both the United States Constitution and Indiana Constitution and that a reading of the trial court’s order reveals that the court granted the motion based on a violation of Article 1, Section 11 of the Indiana Constitution and it did “not appear to reach a conclusion on the Federal Constitution analysis.” Appellant’s Brief at 4 n.1. The trial court’s order discussed the “federal analysis” and concluded that “[u]nder Federal jurisprudence both probable cause, the reasonable belief that there is evidence in a place, and a reasonable belief that unless action is taken before a warrant can be obtained life will be imperiled or evidence will be destroyed or lost are required to justify a warrantless search based upon exigent circumstances.” Appellant’s Appendix Volume II at 98. Given the trial court’s order, we will address the State’s claims under both the Fourth Amendment to the United States Constitution and Article 1, Section 11 of the Indiana Constitution. 7 To the extent the trial court found the facts similar to those in Arizona v. Gant, 556 U.S. 332, 129 S. Ct. 1710 (2009), we note that the Court in Gant discussed the search incident to arrest exception and not the
Court of Appeals of Indiana | Opinion 24A-CR-914 | November 7, 2024 Page 11 of 27 (citing Maryland v. Dyson, 527 U.S. 465, 467, 119 S. Ct. 2013 (1999)). The
automobile exception 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.” State v. Hobbs, 933 N.E.2d 1281, 1285 (Ind. 2010) (citing California v.
Carney, 471 U.S. 386, 391, 105 S. Ct. 2066 (1985)). The United States Supreme
Court has specifically stated that, when there is probable cause that a vehicle
contains evidence of a crime, a warrantless search of the vehicle does not
violate the Fourth Amendment. Meister, 933 N.E.2d at 879 (citing California v.
Acevedo, 500 U.S. 565, 569, 111 S. Ct. 1982 (1991)); see also Pennsylvania v.
Labron, 518 U.S. 938, 940, 116 S. Ct. 2485, 2487 (1996) (“If a car is readily
mobile and probable cause exists to believe it contains contraband, the Fourth
Amendment thus permits police to search the vehicle without more.” (citing
Carney, 471 U.S. at 393, 105 S. Ct. 2066)).
[20] “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.” Hobbs, 933 N.E.2d at 1285. “As the Supreme Court of the United States
explained in Carney, the exception applies to vehicles that are readily mobile
automobile exception. Because we find that the automobile exception applies, we need not address the search incident to arrest exception.
Court of Appeals of Indiana | Opinion 24A-CR-914 | November 7, 2024 Page 12 of 27 and are found in a non-residential area.” Id. (citing Carney, 471 U.S. at 392-
393, 105 S. Ct. 2066). “The clear implication is that an operable vehicle found
in a residential area may not be searched under this exception, but one located
in a non-residential area, whether by reason of a police stop or not, is subject to
the exception.” Id. at 1285-1286. “The theory underlying the exception for
vehicles is that the vehicle is ‘being used for transportation.’” Id. at 1286
(quoting Carney, 471 U.S. at 394, 105 S. Ct. 2066). “Put another way, a public
parking lot is typically an interim destination, but a home’s driveway is often
the end of that day’s travels.” Id. “We recognize that police might anticipate
finding an automobile at a suspect’s home.” Id. “However, permitting the
exception to apply where the vehicle may be expected to be found would open
the door to warrantless searches where there is no reason to avoid the judicial
oversight contemplated by the Fourth Amendment.” Id.
[21] The Indiana Supreme Court has held:
In light of the Supreme Court’s recent emphatic statement in [Maryland v.] Dyson that the automobile exception “does not have a separate exigency requirement,” 527 U.S. [465,] 467, 119 S. Ct. [2013,] 2014 [(1999)], we conclude that this exception to the warrant requirement under the Fourth Amendment does not require any additional consideration of the likelihood, under the circumstances, of a vehicle being driven away. Rather, we understand the “ready mobility” requirement of the automobile exception to mean that all 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.
Court of Appeals of Indiana | Opinion 24A-CR-914 | November 7, 2024 Page 13 of 27 This broad 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. Labron, 518 U.S. at 940, 116 S. Ct. at 2487, 135 L.Ed.2d at 1036; Carney, 471 U.S. at 393, 105 S. Ct. at 2070, 85 L.Ed.2d at 414.
Myers v. State, 839 N.E.2d 1146, 1152 (Ind. 2005). See also Hobbs, 933 N.E.2d at
1286 (holding that the “automobile exception does not require that there be an
imminent possibility the vehicle may be driven away”).
[22] Further, “[f]acts necessary to demonstrate the existence of probable cause for a
warrantless search are not materially different from those which would
authorize the issuance of a warrant if presented to a magistrate.” Meister, 933
N.E.2d at 879 (quoting Masterson v. State, 843 N.E.2d 1001, 1004 (Ind. Ct. App.
2006), trans. denied). Probable cause to issue a search warrant exists where the
facts and circumstances would lead a reasonably prudent person to believe that
a search would uncover evidence of a crime. Esquerdo v. State, 640 N.E.2d
1023, 1029 (Ind. 1994).
[23] To the extent Baker argues that his pickup truck was found in a place regularly
used for residential purposes, we disagree. The record reveals that Baker’s
vehicle was parked in the parking lot of the Extended Stay America. Unlike a
private driveway, we cannot say that the parking lot here amounts to a place
regularly used for residential purposes. See United States v. Washburn, 383 F.3d
638, 642 (7th Cir. 2004) (“We have always rejected the notion that a hotel
occupant enjoys the same expectation of privacy in his car in the parking lot of
Court of Appeals of Indiana | Opinion 24A-CR-914 | November 7, 2024 Page 14 of 27 the hotel as he does in the room itself; the hotel parking lot is ‘readily accessible
to the public and not generally thought of as a place normally used as a
residence.’ United States v. Foxworth, 8 F.3d 540, 545 (7th Cir. 1993)[, cert.
denied, 511 U.S. 1025, 114 S. Ct. 1414 (1994)] . . . . Neither [the defendant’s]
inaccessibility to his van nor its location in the hotel parking lot invalidates the
district court’s application of the automobile exception.”) (citations omitted),
cert. denied, 544 U.S. 963, 125 S. Ct. 1746 (2005); United States v. Williams, 124
F. App’x 885, 887 (5th Cir. 2005) (addressing an argument that the automobile
exception did not apply; holding that, “[a]lthough some support exists for the
proposition that the automobile exception does not apply when a vehicle is
parked in the defendant’s private driveway, [the defendant’s] car was parked in
an apartment complex parking lot, generally open to the public”; and affirming
the denial of the defendant’s motion to suppress); Foxworth, 8 F.3d at 545 (“The
considerations underlying the automobile exception apply in this case. First,
the police found the gray Chevrolet in the motel parking lot, a place readily
accessible to the public and not generally thought of as a place normally used as
a residence.”); United States v. Ervin, 907 F.2d 1534, 1538-1539 (5th Cir. 1990)
(observing that the defendant’s “trailer falls squarely under Carney: (1) it was
not parked in a place regularly used for residential purposes but in a motel
parking lot; (2) [the defendant] and his wife were not occupying the trailer as a
home; and (3) it was readily mobile” and concluding that, “under Carney, the
automobile exception to the warrant requirement applies to the search of [the
defendant’s] trailer”); see also Hobbs, 933 N.E.2d at 1286 (“Because Hobbs’s
admittedly mobile vehicle was in the parking area of a restaurant, it was subject Court of Appeals of Indiana | Opinion 24A-CR-914 | November 7, 2024 Page 15 of 27 to the automobile exception and no warrant was required to search the vehicle
if the officers had probable cause to believe it contained evidence of a crime.”).
[24] With respect to probable cause, Officer Owens deployed Jax to conduct an
exterior sniff of the pickup truck, and Jax alerted to the presence of narcotics.
“It is well settled that a dog sniff is not a search protected by the Fourth
Amendment.” Hobbs, 933 N.E.2d at 1286. Accordingly, no degree of suspicion
is required to summon the canine unit to the scene to conduct an exterior sniff
of the car or to conduct the sniff itself. Id. Further, prior to touching the truck,
Officer Owens used a flashlight to look inside of the truck and observed a pipe
used for smoking methamphetamine. Under these circumstances, we conclude
that probable cause existed to believe the truck contained contraband or
evidence of a crime. See Myers, 839 N.E.2d at 1152 (holding that the
defendant’s car was readily mobile and thus eligible for the automobile
exception regardless of the fact that it may have been temporarily confined by
physical circumstances including the position of a police vehicle blocking it
from the rear and, “[b]ecause the positive narcotics dog response provided
probable cause to search the readily mobile vehicle, the warrantless search of it
was justified under the automobile exception”).
[25] As noted earlier, the trial court did not explicitly rule on whether the
automobile exception applied. To the extent that the trial court’s comments
suggest that the dog sniff resulted in an unreasonable delay, we disagree. In
Rodriguez v. United States, 575 U.S. 348, 135 S. Ct. 1609 (2015), the United
States Supreme Court addressed dog sniffs in the context of traffic stops. The
Court of Appeals of Indiana | Opinion 24A-CR-914 | November 7, 2024 Page 16 of 27 Court observed that “‘[a] relatively brief encounter,’ a routine traffic stop is
‘more analogous to a so-called “Terry stop” . . . . than to a formal arrest.’”
Rodriguez, 575 U.S. at 354, 135 S. Ct. at 1614 (citations omitted). The Court
held that “a police stop exceeding the time needed to handle the matter for
which the stop was made violates the Constitution’s shield against
unreasonable seizures.” Id. at 350, 135 S. Ct. at 1612. The Court held that “[a]
seizure justified only by a police-observed traffic violation, therefore, ‘become[s]
unlawful if it is prolonged beyond the time reasonably required to complete
th[e] mission’ of issuing a ticket for the violation.” Id. at 350-351, 135 S. Ct. at
1612 (quoting Illinois v. Caballes, 543 U.S. 405, 407, 125 S. Ct. 834 (2005)). The
Court held that because addressing the infraction is the purpose of the stop, “it
may ‘last no longer than is necessary to effectuate th[at] purpose.’” Id. at 354,
135 S. Ct. at 1614 (quoting Florida v. Royer, 460 U.S. 491, 500, 103 S. Ct. 1319
(1983), and citing Caballes, 543 U.S. at 407, 125 S. Ct. 834). The Court further
held that “[a]uthority for the seizure thus ends when tasks tied to the traffic
infraction are—or reasonably should have been—completed.” Id. The Court
observed that its decisions in Caballes and Arizona v. Johnson, 555 U.S. 323, 129
S. Ct. 781 (2009), heed these constraints. Id. The Court stated:
In [Caballes and Johnson], we concluded that the Fourth Amendment tolerated certain unrelated investigations that did not lengthen the roadside detention. Johnson, 555 U.S. at 327- 328, 129 S. Ct. 781 (questioning); Caballes, 543 U.S. at 406, 408, 125 S. Ct. 834 (dog sniff). In Caballes, however, we cautioned that a traffic stop “can become unlawful if it is prolonged beyond the time reasonably required to complete th[e] mission” of issuing a warning ticket. 543 U.S. at 407, 125 S. Ct. 834. And Court of Appeals of Indiana | Opinion 24A-CR-914 | November 7, 2024 Page 17 of 27 we repeated that admonition in Johnson: The seizure remains lawful only “so long as [unrelated] inquiries do not measurably extend the duration of the stop.” 555 U.S. at 333, 129 S. Ct. 781. See also Muehler v. Mena, 544 U.S. 93, 101, 125 S. Ct. 1465, 161 L.Ed.2d 299 (2005) (because unrelated inquiries did not “exten[d] the time [petitioner] was detained[,] . . . no additional Fourth Amendment justification . . . was required”). An officer, in other words, may conduct certain unrelated checks during an otherwise lawful traffic stop. But . . . he may not do so in a way that prolongs the stop, absent the reasonable suspicion ordinarily demanded to justify detaining an individual.
Id. at 354-355, 135 S. Ct. at 1614-1615. The Court held that beyond
determining whether to issue a traffic ticket, an officer’s mission includes
ordinary inquiries incident to the traffic stop which typically include checking
the driver’s license, determining whether there are outstanding warrants against
the driver, and inspecting the automobile’s registration and proof of insurance.
Id. at 355, 135 S. Ct. at 1615. The Court held that the critical question is
whether conducting the sniff prolongs or adds time to the stop. Id. at 357, 135
S. Ct. at 1616. This Court has previously held that the burden is on the State to
show the time for the traffic stop was not increased due to a canine sniff. Wells
v. State, 922 N.E.2d 697, 700 (Ind. Ct. App. 2010), trans. denied.
[26] The situation faced by Officer Szybowski involved Baker appearing to conceal
his face and being evasive; Officer Szybowski discovering that the pickup truck
was registered to Baker who had a warrant; Baker informing Officer Szybowski
that he borrowed the vehicle from his friend, Jimmy; Officer Szybowski
believing that the individual with whom he was talking did not look like the
Court of Appeals of Indiana | Opinion 24A-CR-914 | November 7, 2024 Page 18 of 27 individual pictured on the identification card provided by Baker; Officer
Szybowski consulting with other officers regarding whether Baker matched the
photo on the identification card he provided; and Officer Szybowski requesting
an officer with a fingerprint scanner. The officers also interacted with Elizabeth
who was associated with Baker and consented to a search of her bags in which
officers discovered contraband. At approximately sixteen minutes and twenty
seconds into the video recording taken from Officer Szybowski’s body camera,
Officer Owens informed Officer Szybowski that Jax alerted to the presence of
narcotics on the truck. Under these circumstances, we conclude that the
officers’ actions were conducted in a manner that did not unreasonably prolong
the stop.
B. Article 1, Section 11
[27] The State argues that the search of Baker’s truck was permissible under the
Indiana Constitution because police acted reasonably given that they had a high
degree of concern that the truck contained narcotics, the search did not extend
Baker’s detention, and police had a high need to search his truck.
[28] Although its text mirrors the Fourth Amendment, we interpret Article 1,
Section 11 of our Indiana Constitution separately and independently. 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.’” Id. (quoting State v. Washington, 898 N.E.2d
1200, 1205-1206 (Ind. 2008), reh’g denied). Generally, “[w]e consider three
Court of Appeals of Indiana | Opinion 24A-CR-914 | November 7, 2024 Page 19 of 27 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.’” Id. (quoting Litchfield v. State, 824 N.E.2d
356, 361 (Ind. 2005)).
[29] The record reveals that Jax alerted to the presence of narcotics in the vehicle
and Officer Owens observed a pipe used for smoking methamphetamine prior
to touching the truck. We conclude that the degree of concern, suspicion, or
knowledge that a violation had occurred was very high. Regarding the degree
of intrusion, Baker informed Officer Szybowski that he was merely borrowing
the truck from his friend, Jimmy. Further, the search of the vehicle, which was
parked in a parking lot, occurred during the early morning hours and while
Baker was already detained in a police vehicle. We also note that the search of
the vehicle did not involve tearing apart the seats or ripping out the dashboard
looking for hidden compartments. We cannot say the degree of intrusion was
high. See generally Myers, 839 N.E.2d at 1154 (observing that “the present
search occurred after midnight, making prompt access to a magistrate more
difficult” and “the intrusion, at least as to public notice and embarrassment,
was somewhat lessened because of the hour . . . .”); Hardin v. State, 148 N.E.3d
932, 946 (Ind. 2020) (“[T]he degree of that intrusion was lessened by the way
officers conducted the search. Hardin does not argue that the officers searched
his vehicle in an egregious manner as could’ve been the case if officers had torn
apart his seats or ripped out his dashboard looking for hidden compartments.
Court of Appeals of Indiana | Opinion 24A-CR-914 | November 7, 2024 Page 20 of 27 Instead, the search appears to have been no more extensive than a visual
inspection of the interior of the vehicle—something someone might do to find a
credit card or french fry dropped between a seat and the center console. In
addition to moderating the intrusion into Hardin’s privacy, the officers did not
intrude into his physical movements by searching his vehicle since he was
already in police custody.”), cert. denied, 141 S. Ct. 2468 (2021). With respect to
the extent of law enforcement needs, Officer Szybowski testified that Baker
“identified the fact that he was borrowing the vehicle from a friend, so who
knows who has a key to it and who else is staying at the hotel has access to it.”
Transcript Volume II at 27. Accordingly, contrary to the dissent’s suggestion,
officers had some reason to believe that the vehicle was accessible by and/or
capable of being moved by someone other than Baker. Under the totality of the
circumstances, we conclude that the search of the truck was reasonable and did
not violate Baker’s rights under Article 1, Section 11 of the Indiana
Constitution.
[30] To the extent Baker cites Brown v. State, 653 N.E.2d 77 (Ind. 1995), we find that
case distinguishable. In Brown, police located the defendant’s vehicle, which
was a possible match to a vehicle seen exiting the parking lot of a shopping
center which included a drug store that was robbed a day earlier. 653 N.E.2d at
78. A detective believed the car matched the description so he “impounded and
‘inventory-searched’ it” at 1:30 p.m. Id. at 79. On appeal, the Court observed
in part that a day had passed since the robbery under investigation had
occurred, the car was parked in a residential neighborhood, and the warrantless
Court of Appeals of Indiana | Opinion 24A-CR-914 | November 7, 2024 Page 21 of 27 inventory search was not permitted because the vehicle was not properly
impounded. Id. at 80. Unlike in Brown, we are addressing the automobile
exception, the search occurred during the early morning hours, the police had
not impounded the vehicle, and the police canine alerted for the presence of
narcotics. See Myers, 839 N.E.2d at 1154 (distinguishing Brown in part on the
bases that “[t]he Brown search was done at mid-day, whereas the present search
occurred after midnight, making prompt access to a magistrate more difficult,”
“[t]he vehicle in Brown was but a possible match to one seen leaving a scene of
a robbery a day earlier,” and “[w]hether it contained contraband was a matter
of speculation and conjecture until after it was searched”).
[31] With respect to the dissent’s reliance on Brown, we note that the Indiana
Supreme Court has cautioned against reading the holding in Brown too broadly.
In Hardin, the Indiana Supreme Court held:
[P]rivacy interests in vehicles do not render them beyond the reach of reasonable police activity. Hardin relies on our statement that “Hoosiers regard their automobiles as private and cannot easily abide their uninvited intrusion” to argue for a high degree of intrusion here. See Brown v. State, 653 N.E.2d 77, 80 (Ind. 1995). But Hardin reads Brown too broadly in connection with this factor. We agree that Hoosiers regard vehicles as private areas not subject to random police rummaging. See Taylor v. State, 842 N.E.2d 327, 334 (Ind. 2006) (“Automobiles are among the ‘effects’ protected by Article 1, Section 11.”). But that doesn’t mean that vehicles are beyond the reach of reasonable law-enforcement activities. We’ve recognized that “[h]ouses and premises of citizens receive the highest protection,” Carpenter, 18 N.E.3d at 1002 (citation omitted), yet they are not completely off limits to law enforcement. Read in
Court of Appeals of Indiana | Opinion 24A-CR-914 | November 7, 2024 Page 22 of 27 the proper context, Brown is more about low police suspicion or concern and a lack of law-enforcement needs (Litchfield factors one and three) than an overly excessive intrusion (this Litchfield factor). Brown, 653 N.E.2d at 80 (noting both the delay between when a similar-looking vehicle left a crime scene and when police found Brown’s vehicle parked on a public street and searched it as well as the lack of need for an immediate, warrantless search). See also Myers v. State, 839 N.E.2d 1146, 1153-54 (Ind. 2005) (upholding a warrantless search of a vehicle and distinguishing Brown based in part on the low degree of suspicion that the vehicle searched in Brown contained contraband). Thus, while we continue to recognize that Hoosiers regard their vehicles as private, Brown does not provide an impenetrable shield for those vehicles.
148 N.E.3d at 945-946.
[32] In light of Indiana Supreme Court’s statements in Hardin as well the high
degree of concern, suspicion, or knowledge that a violation had occurred in the
present case and the facts as detailed above, we are not persuaded that Brown
requires suppression of the evidence here.
[33] For the foregoing reasons, we reverse the trial court’s order granting Baker’s
motion to suppress and remand for proceedings consistent with this opinion.
[34] Reversed and remanded.
Kenworthy, J., concurs.
Mathias, J., dissents with opinion.
Court of Appeals of Indiana | Opinion 24A-CR-914 | November 7, 2024 Page 23 of 27 ATTORNEYS FOR APPELLANT Theodore E. Rokita Attorney General of Indiana Caroline G. Templeton Supervising Deputy Attorney General Indianapolis, Indiana
ATTORNEY FOR APPELLEE James D. Crum Coots, Henke & Wheeler, P.C. Carmel, Indiana
Court of Appeals of Indiana | Opinion 24A-CR-914 | November 7, 2024 Page 24 of 27 Mathias, Judge, dissenting.
[35] Times have changed since 1995. I conclude that the search of Baker’s vehicle
violated his rights under Article 1, Section 11, and, therefore, I respectfully
dissent.
[36] First, with regard to the Litchfield factors as discussed by the majority, I agree
that the officer’s degree of concern, suspicion, or knowledge that a violation
occurred was high. See supra at 29. However, I do not agree with the majority’s
analysis of the remaining Litchfield factors.
[37] In Brown v. State, 653 N.E.2d 77, 80 (Ind. 1995), our supreme court declared,
“[w]ith respect to automobiles generally, it may safely be said that Hoosiers
regard their automobiles as private and cannot easily abide their uninvited
intrusion.” An officer’s search of a private vehicle is a significant intrusion, even
more so when the officer lacks a warrant to search. As the Brown Court
observed, “[t]he existence of a valid warrant to search and seize provides a
preeminent form of support for a determination that the state standard of
probable cause and reasonableness was met.” Id. at 79. The court then
explained that
[j]udicial approval makes it much more likely that the police are doing everything possible to make certain that the search is appropriate. Doing all that one can almost guarantees that one is behaving reasonably. When armed with probable cause, law enforcement officers are faced with a continuum of ostensibly reasonable activity, from doing nothing to search and seizure. Seeking a warrant is a means for them to reduce the risk that
Court of Appeals of Indiana | Opinion 24A-CR-914 | November 7, 2024 Page 25 of 27 their proposed intrusive activity will fall outside that continuum, and that evidence will have to be suppressed in court. In addition, the warrant provides the individual being searched with the comfort of knowing some official other than the police officer performing the search has determined its propriety. State judges and magistrates with authority to issue warrants have received full legal educations. They often have had considerable experience in the practice of law; they are subject to the Code of Judicial Conduct. Moreover, judges and magistrates are generally politically answerable to their communities in ways that law enforcement officers are not and judicial officials are, therefore, more likely to understand the general mores regarding reasonable behavior. This preference for warrants is based on the belief that a neutral and detached magistrate is more likely to be a fair evaluator of the relevant circumstances than the police officer actively involved in investigating a particular crime.
Id. at 80 (footnote omitted).
[38] In the nearly thirty years since Brown, advances in technology have made the
process of obtaining a warrant significantly faster. At the suppression hearing,
Officer Szybowski agreed that the “on-call process” allows officers to get a
warrant “pretty quickly in today’s day and age.” Tr. p. 26. During argument at
that hearing, the trial court observed that it could possibly take just fifteen
minutes to get a warrant. Id. at 61. In its order granting the motion to suppress,
the trial court stated that “in todays [sic] world, . . . a police officer need only
email a written probable cause affidavit to an on-call prosecuting attorney who
forwards the same to an on-call judge and a warrant issues within minutes.”
Appellant’s App. p. 103. When we consider the reasonableness of the police
conduct under the totality of the circumstances, particularly in evaluating the
Court of Appeals of Indiana | Opinion 24A-CR-914 | November 7, 2024 Page 26 of 27 extent of law enforcement needs, the fact that a warrant can now be obtained so
quickly must be factored into our analysis.
[39] Here, Baker was handcuffed and in the backseat of a police vehicle. Before
Baker was placed in the officer’s vehicle, and during the pat-down search,
Officer Szybowski removed the truck’s keys from Baker’s pocket. Thus, Baker
was incapable of accessing or moving the vehicle, and there were no facts
known to the officer from which he could have reasonably concluded that some
other person nearby would have been able to access the vehicle. Importantly,
there were also five Carmel police officers on the scene. The presence of five
law enforcement officers was surely sufficient to ensure that the truck would not
be accessed or moved in the time it would have taken to secure a warrant.
[40] Under the totality of these circumstances, I would conclude that it was
unreasonable for the officers to perform a warrantless search of Baker’s truck.
For this reason, I would conclude that the warrantless search violated Article 1,
Section 11, and would affirm the trial court’s order granting Baker’s motion to
suppress.
Court of Appeals of Indiana | Opinion 24A-CR-914 | November 7, 2024 Page 27 of 27