Winebrenner v. State

790 N.E.2d 1037, 2003 Ind. App. LEXIS 1195, 2003 WL 21499890
CourtIndiana Court of Appeals
DecidedJuly 1, 2003
Docket57A03-0212-CR-411
StatusPublished
Cited by5 cases

This text of 790 N.E.2d 1037 (Winebrenner v. State) 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
Winebrenner v. State, 790 N.E.2d 1037, 2003 Ind. App. LEXIS 1195, 2003 WL 21499890 (Ind. Ct. App. 2003).

Opinions

OPINION

BAKER, Judge.

Appellant-defendant Anthony Winebren-ner brings this interlocutory appeal challenging the trial court’s denial of his motion to suppress evidence. He contends that the police did not have probable cause [1039]*1039to arrest him for violation of a protective order, and therefore the police had no right to search his person incident to the arrest. Concluding that the police officer did have probable cause to arrest Wine-brenner for invasion of privacy, we affirm and remand this cause to the trial court for further proceedings.

FACTS

On December 12, 2001, a protective order was issued barring Winebrenner, who was then thirty-one years old, from “abusing, harassing, or disturbing the peace” of sixteen-year-old Heather Herron “by either direct or indirect contact.” Appellant’s App. p. 14. An adult member of Heather’s household petitioned for the protective order because Heather was an unemancipated minor. During the early morning hours of January 27, 2002, Albion Police Officer Brian Keger stopped an automobile being driven by Amanda Chester. He had noticed that the automobile was about to lose its license plate.

Officer Keger saw Winebrenner in the automobile’s front passenger seat and Herron in the back seat. He testified that at the time of the stop he was aware that Herron’s “parents [had] put a protective order against Anthony Winebrenner to stay away from Heather Herron and other immediate family.” Tr. p. 8. Officer Keger also testified that he observed a copy of the protective order on another officer’s desk shortly before leaving for his patrol on January 27. According to Officer Keg-er’s testimony, the protective order was about to be entered on the other officer’s computer. During the traffic stop, Officer Keger asked Winebrenner why he was violating the protective order. Winebren-ner replied that he had called Chester for a ride because his car had broken down in Auburn and Herron just happened to be in the car when Chester arrived. Officer Keger then arrested Winebrenner for violating the protective order, which is invasion of privacy,1 a class B misdemeanor. Upon searching Winebrenner, Officer Keg-er found a cigarette pack containing marijuana and methamphetamines.

The State charged Winebrenner with Possession of Methamphetamine,2 a class D felony, and Possession of Marijuana,3 a class A misdemeanor. Arguing that Officer Keger had no probable cause to arrest him, Winebrenner filed a motion to suppress the evidence of marijuana and meth-amphetamines found on his person during the search incident to his arrest. After a hearing on the motion, the trial court denied it. Winebrenner now brings this interlocutory appeal.

DISCUSSION AND DECISION

I. Standard of Review

Winebrenner challenges the trial court’s denial of his motion to suppress. In reviewing the trial court’s decision, we must determine if there was sufficient evidence to support the ruling. Murphy v. State, 747 N.E.2d 557, 559 (Ind.2001). We do not reassess the credibility of witnesses. Kenworthy v. State, 738 N.E.2d 329, 331 (Ind.Ct.App.2000), trans. denied. We consider the evidence favorable to the trial court’s ruling and any uncontradicted substantial evidence to the contrary. See Murphy, 747 N.E.2d at 559 (emphasis added). A trial court’s findings will be set aside only if clearly erroneous. Id.

II. Challenge Under Fourth and Fourteenth Amendments

Winebrenner argues that the war-rantless search of his person was not con[1040]*1040ducted incident to a lawful arrest. More specifically, Winebrenner contends that, while he was in Herron’s presence, there was no evidence that he was abusing or harassing her or disturbing her peace. Absent such evidence, according to Wine-brenner, Officer Keger had no probable cause to arrest him for invasion of privacy.

The Fourth4 and Fourteenth5 Amendments to the United States Constitution prohibit police from conducting war-rantless searches and seizures except under limited circumstances. See Perry v. State, 638 N.E.2d 1286, 1240-41 (Ind.1994); Wright v. State, 593 N.E.2d 1192, 1198-99 (Ind.1992). “When a search is conducted without a warrant, the State must prove that an exception to the warrant requirement existed at the time of the search.” White v. State, 772 N.E.2d 408, 411 (Ind.2002). An officer who searches a person incident to a lawful arrest is an example of one such exception. Id. (citing Chimel v. California, 395 U.S. 752, 762, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969)).

An officer may make a warrant-less arrest of a person when the officer has probable cause to believe the person has committed a misdemeanor in his presence. Walker v. State, 764 N.E.2d 741, 743 (Ind.Ct.App.2002). Probable cause exists when, at the time of the arrest, the arresting officer has knowledge of facts and circumstances that would warrant a person of reasonable caution to believe that the suspect had committed a criminal act. Ortiz v. State, 716 N.E.2d 345, 348 (Ind.1999). The amount of evidence necessary to meet the probable cause requirement is determined on a case-by-case basis. Id. The facts and circumstances need not relate to the same crime with which the suspect is ultimately charged. Id.

A person who knowingly or intentionally violates a protective order issued under Indiana Code section 34-26-2-12(l)(B) commits “invasion of privacy,” a class B misdemeanor. Ind.Code § 35—46-1-15.1(a) (Supp.2001). At the time the protective order was issued in December 2001, the trial court was statutorily permitted to order a person “to refrain from abusing, harassing, or disturbing the peace of a member of the petitioner’s household, by either direct or indirect contact.” Ind. Code § 34-26-2-12(l)(B) (Supp.2001). Winebrenner argues that he was in Her-ron’s presence but was not abusing or harassing her or disturbing her peace. In his view, there was no probable cause to arrest him for invasion of privacy.

To the contrary, Officer Keger had knowledge of facts and circumstances that would warrant a person of reasonable caution to believe that Winebrenner had committed invasion of privacy. See Ortiz, 716 N.E.2d at 348. First, Officer Keger knew that Herron’s parents had obtained a court order to protect their sixteen-year-old daughter from thirty-one-year-old Winebrenner. Second, Officer Keger saw [1041]*1041the protective order just hours before he encountered Winebrenner and Herron. Finally, Winebrenner acknowledged to Officer Keger that he was violating the protective order.

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

Related

Frederick Herron v. State of Indiana
991 N.E.2d 165 (Indiana Court of Appeals, 2013)
Brewer v. Indiana Alcohol & Tobacco Commission
954 N.E.2d 1023 (Indiana Court of Appeals, 2011)
Johnson v. State
829 N.E.2d 44 (Indiana Court of Appeals, 2005)
Traylor v. State
817 N.E.2d 611 (Indiana Court of Appeals, 2004)
Winebrenner v. State
790 N.E.2d 1037 (Indiana Court of Appeals, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
790 N.E.2d 1037, 2003 Ind. App. LEXIS 1195, 2003 WL 21499890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winebrenner-v-state-indctapp-2003.