State v. Washington

875 N.E.2d 278, 2007 Ind. App. LEXIS 2370
CourtIndiana Court of Appeals
DecidedOctober 22, 2007
DocketNo. 02A03-0703-CR-124
StatusPublished
Cited by10 cases

This text of 875 N.E.2d 278 (State v. Washington) 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
State v. Washington, 875 N.E.2d 278, 2007 Ind. App. LEXIS 2370 (Ind. Ct. App. 2007).

Opinions

OPINION

KIRSCH, Judge.

The State of Indiana appeals the trial court’s order that granted Raymond L. Washington, Jr.’s motion to suppress marijuana that was seized from his pocket during a traffic stop. The sole restated issue is whether, when a person is stopped for a traffic infraction and there are no indicia of criminal activity, the police officer violates Article 1, Section 11 of the Indiana Constitution against unreasonable [280]*280searches and seizures when he asks the individual if he is in possession of drugs.

We affirm.

FACTS AND PROCEDURAL HISTORY

The facts of this case are undisputed. On the afternoon of July 23, 2006, Washington, then twenty-seven years old, and a friend were operating their respective mopeds on Central Street in Fort Wayne. The street had no centerline markings on the pavement. Officer Chris Hoffman of the Fort Wayne Police Department was traveling the opposite direction on Central Street, toward the mopeds. Officer Hoffman observed that the mopeds were swerving and crossing what he perceived to be the center point of the road. Officer Hoffman believed Washington to be under eighteen years of age, and Indiana law requires riders of that age to wear goggles and a helmet, which Washington was not.1

Officer Hoffman initiated a traffic stop when he pulled his squad car in front of the mopeds and “blurped” his siren a few times. Tr. at 6. Washington immediately stopped his moped. The other rider, however, traveled around Officer Hoffman’s car, but another squad car arrived at the scene and stopped Washington’s friend, such that two marked police vehicles were present at the scene.

Officer Hoffman exited his car and approached Washington, explaining to him that he was stopped because he crossed the center line of the road multiple times and because he appeared under eighteen years of age and was not wearing goggles or a helmet. Officer Hoffman noted that Washington “appeared to be nervous” by not looking directly at him and by speaking slowly in response to the officer’s questions. Tr. at 7-8. Because of this nervousness, Officer Hoffman asked Washington, if he had “any guns, drugs, or anything” on his person that might harm the officer.2 Id. Washington responded that he had “a couple of dime bags” in his front pocket. Id. at 8-9. At Officer Hoffman’s request, Washington gave the officer permission to remove the bags. Officer Hoffman then placed Washington in handcuffs and seated him in his police car.

The State charged Washington with Class A misdemeanor possession of marijuana.3 Washington moved to suppress the marijuana on the basis that his constitutional rights were violated when Officer Hoffman asked him if he had drugs, which were then seized and ultimately resulted in criminal charges. The trial court held a hearing and, after receiving briefs from both parties on the issue, the trial court granted Washington’s motion. The State dismissed the possession charge shortly thereafter. The State now appeals.

DISCUSSION AND DECISION

I. Standard of Review

In this appeal, the State challenges the order granting Washington’s motion to suppress. We will reverse a negative judgment only when the evidence is without conflict and all reasonable inferences lead to a conclusion opposite that of the trial court. State v. Lefevers, 844 [281]*281N.E.2d 508, 512 (Ind.Ct.App.2006), trans. denied. In order to prevail on appeal, the State must show the trial court’s ruling on the suppression motion was contrary to law. State v. Stickle, 792 N.E.2d 51, 53 (Ind.Ct.App.2003), trans. denied. We accept the factual findings of the trial court unless they are clearly erroneous. Id. In reviewing the trial court’s decision, we consider the evidence most favorable to the ruling together with any adverse evidence that is uncontradicted.4 Id.

As a preliminary matter, we observe that this court has expressed its concern over “ ‘the increasingly common practice of police stopping vehicles for minor traffic offenses and seeking consent to search with no suspicion whatsoever of illegal con-trabando]’ ” Clark v. State, 804 N.E.2d 196, 201 (Ind.Ct.App.2004) (quoting Callahan v. State, 719 N.E.2d 430, 439 (Ind.Ct.App.1999)); see also Camp v. State, 751 N.E.2d 299, 302 (Ind.Ct.App.2001), trans. denied (2002); Norris v. State, 732 N.E.2d 186, 191 n. 1 (Ind.Ct.App.2000). We now take the opportunity to address the propriety of that increasingly common practice of officers asking about the presence of illegal substances during an otherwise routine traffic stop.

The State maintains that the question did not violate either Washington’s state or federal constitutional rights, and therefore the trial court erred when it granted his motion. Because we find that the officer’s question violated Washington’s protections under the Indiana Constitution, it is not necessary for us to analyze the matter under the Fourth Amendment to the United States Constitution. See State v. Quirk, 842 N.E.2d 334, 339 (Ind.2006) (declining to respond to federal constitutional argument and responding only to defendant’s state Article 1, Section 11 claim); Clark, 804 N.E.2d at 202 n. 7 (unnecessary to address Fourth Amendment claim because state constitutional claim was dispos-itive).

II. Indiana Constitution

IC 34-28-5-3 permits an officer to detain a person who he in good faith believes has committed an infraction or ordinance violation for a time sufficient to inform him of the allegation, obtain his name, address, and date of birth or his driver’s license, and allow him to execute a notice to appear. As all parties agree, Officer Hoffman observed Washington swerving and not wearing goggles or a helmet, and he was entitled to detain Washington for a time sufficient to complete the purpose of the traffic stop. Quirk, 842 N.E.2d at 340 (police may stop a vehicle when they observe minor traffic violations). The inquiry here is whether Officer Hoffman’s question to Washington concerning the drugs was permissible under the Indiana Constitution.

Article 1, Section 11 of the Indiana Constitution protects against unreasonable searches and seizures. It reads;

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search or seizure, shall not be violated; and no warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.

The purpose of Article 1, Section 11 is “to protect from unreasonable police activity those areas of life that Hoosiers regard as private.” Clark, 804 N.E.2d at 199 (quotations omitted). In resolving challenges asserting a Section 11 violation, [282]

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State v. Washington
875 N.E.2d 278 (Indiana Court of Appeals, 2007)

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Bluebook (online)
875 N.E.2d 278, 2007 Ind. App. LEXIS 2370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-washington-indctapp-2007.