State v. Edgington

487 N.W.2d 675, 1992 WL 170904
CourtSupreme Court of Iowa
DecidedSeptember 3, 1992
Docket90-1906
StatusPublished
Cited by30 cases

This text of 487 N.W.2d 675 (State v. Edgington) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Edgington, 487 N.W.2d 675, 1992 WL 170904 (iowa 1992).

Opinion

SCHULTZ, Justice.

This is an appeal by defendant Terence Scott Edgington from his conviction of four counts of burglary in the second degree and one count of theft in the second degree. Criminal charges from three counties were consolidated and tried to the district court. The sole issue on appeal is defendant’s contention that the district court should have suppressed evidence which was found in a warrantless search of his automobile. The court of appeals reversed defendant’s conviction, holding that the evidence found in the inventory search of defendant’s car should have been suppressed. We vacate the court of appeals decision and affirm the judgment of the trial court.

We first examine the facts. Because a constitutional challenge is involved, we find the facts de novo. State v. Aschenbrenner, 289 N.W.2d 618, 619 (Iowa 1980). Defendant who was driving alone in the city of Indianola about 10:00 p.m. on February 25,1990, was stopped by city police officers for speeding. Defendant admitted that he did not have a valid driver’s license. The officers confirmed with the Iowa Department of Transportation that defendant’s license was suspended. Defendant was then arrested for driving while under suspension and placed in the squad car.

The police officers determined that defendant’s car should be impounded because its location at the crest of a hill on a heavily traveled road presented a hazard to traffic. In addition, the road had a narrow shoulder about two feet wide; thus, the car was parked almost completely on the gravel roadway. The steep incline and the late evening hour presented further dangers to traffic. The officers called a tow truck.

*677 After making the call, an officer searched the passenger compartment of defendant’s car. He found a loaded handgun under the seat and a jewelry box and jewelry on the back seat of the car which was later determined to be stolen property. Defendant did not have a weapons permit; therefore, he was charged with carrying a concealed weapon. The search was interrupted so defendant’s car could be towed away. The search was completed later in another location and revealed numerous other stolen items in the trunk. No search warrant was ever obtained.

Defendant moved to suppress the evidence gained by the search, urging that the officers had neither probable cause to apprehend him nor a fourth amendment right to search his vehicle. In its resistance, the State contends that the officers had probable cause to stop defendant because of the speeding violation. Based on defendant’s resulting arrest for driving while his license was under suspension, the State argues that the seizure of the stolen property was justified under theories of (1) exigency and probable cause; and (2) impoundment and inventory.

Following an evidentiary hearing on defendant’s suppression motion, district court judge Thomas S. Bown overruled the motion by a calendar entry without stating a reason. The matter came to trial before district court judge Darrell J. Goodhue, who also considered defendant’s suppression motion. Judge Goodhue discussed the legality of the impoundment in light of the city’s written policy that officers should attempt certain alternative procedures pri- or to impoundment of a vehicle. Nevertheless, Judge Goodhue determined the im-poundment to be legal. The court reasoned that the search of the interior of the vehicle was valid as a search incident to an arrest even though the officer treated the seizure of the stolen property as an inventory search. The court additionally reasoned that the discovery of the loaded weapon constituted probable cause to extend the search to the trunk of the car under the exigent circumstances exception to the requirement of a search warrant.

On appeal, defendant urges the search of his vehicle cannot be sustained on either ground stated in the trial court’s ruling. In reversing defendant’s conviction, the court of appeals majority opinion addressed only the reasonableness of the impoundment. It concluded that the arresting officers were required to advise the arrestee that the vehicle must be taken to storage unless the arrestee directed the officer to make other reasonable arrangements. A special concurrence concluded the impoundment was unreasonable because the officers did not follow their own procedures and the search was an invalid search incident to an arrest because it was not conducted substantially contemporaneous with the arrest.

Initially, we believe that the search of the passenger compartment of the vehicle was justified as a search incident to an arrest. It is a well established rule that if an officer makes a lawful custodial arrest of an occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the passenger compartment of the automobile. New York v. Belton, 453 U.S. 454, 460, 101 S.Ct. 2860, 2864, 69 L.Ed.2d 768, 775 (1981). Several federal courts have held that a search of an automobile may be conducted as a search incident to an arrest even if an arrestee has been taken from a vehicle and handcuffed. United States v. McKinnell, 888 F.2d 669, 673 (10th Cir.1989); United States v. McCrady, 774 F.2d 868, 871-72 (8th Cir.1985); United States v. Cotton, 751 F.2d 1146, 1149 (10th Cir.1985). State courts have arrived at the same result. State v. Hull, 210 Conn. 481, 556 A.2d 154, 163 (1989); State v. Shepherd, 118 Idaho 121, 795 P.2d 15, 16-17 (App.1990); State v. Fore, 56 Wash.App. 339, 783 P.2d 626, 631 (1989).

Under the facts of the this case, defendant was legally stopped and arrested. He was speeding and the officers determined that he was driving with a suspended license. He was placed in a patrol car and an officer went back to the driver’s side of defendant’s vehicle and began a search of the passenger compartment. At *678 that time, the officer found a loaded handgun. Defendant remained at the scene and the search was conducted contemporaneously with his arrest. The federal court in McKinnell emphasized that the subsequent search of the passenger compartment remains a valid search incident to an arrest even if it occurs after the arrestee has been handcuffed and restrained outside the vehicle. 888 F.2d at 673. Under these circumstances, we conclude that the seizure of the handgun and the jewelry found in the back seat were proper under the Bel-ton doctrine as a valid search incident to an arrest.

In Belton, the Supreme Court held the vehicle search to be valid under the fourth amendment but restricted the scope of the search to the passenger compartment of the automobile. 453 U.S. at 460, 101 S.Ct. at 2864, 69 L.Ed.2d at 775. Therefore, the search of the trunk in this case must be justified on grounds other than a search incident to an arrest.

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Bluebook (online)
487 N.W.2d 675, 1992 WL 170904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-edgington-iowa-1992.