Ashley Bell v. State of Indiana
13 N.E.3d 543
| Ind. Ct. App. | 2014Background
- Bell was a front-seat passenger in a vehicle stopped for an illegally displayed temporary license plate; the driver lacked a valid license.
- Officer Phillips ordered occupants to exit the vehicle after the stop.
- Bell exited and the officer smelled raw marijuana on Bell and from the vehicle.
- Bell was handcuffed and subjected to a patdown search, revealing ten baggies of marijuana.
- Bell was charged with class A misdemeanor possession and, after a bench trial, found guilty of possession but not guilty of dealing.
- Bell appeals asserting the patdown/search violated the Fourth Amendment and that marijuana should have been excluded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the patdown/search violated the Fourth Amendment. | Bell argues no reasonable suspicion for a patdown. | State contends odor gave probable cause/arrest authority. | The search was permissible; probable cause to arrest supported the patdown and admissibility of the evidence. |
Key Cases Cited
- Shinault v. State, 668 N.E.2d 274 (Ind. Ct. App. 1996) (patdown justified for officer safety during an investigatory stop)
- Jackson v. State, 669 N.E.2d 744 (Ind. Ct. App. 1996) (patdown for weapons if suspect is armed and dangerous)
- Minnesota v. Dickerson, 508 U.S. 366 (U.S. 1993) (allowance to seize immediately identifiable contraband during a patdown for weapons)
- Meek v. State, 950 N.E.2d 816 (Ind. Ct. App. 2011) (odor of marijuana can create probable cause to arrest or search incident to arrest (Ind. law))
- Arizona v. Gant, 556 U.S. 332 (U.S. 2009) (search incident to arrest when probable cause exists; limits to vehicle searches)
- Fentress v. State, 863 N.E.2d 420 (Ind. Ct. App. 2007) (probable cause determinations not affected by subjective beliefs)
- Moffitt v. State, 817 N.E.2d 239 (Ind. Ct. App. 2004) (probable cause to arrest permits search incident to arrest)
- Burkett v. State, 691 N.E.2d 1241 (Ind. Ct. App. 1998) (de novo review of ultimate probable cause determination)
- Edmond v. State, 951 N.E.2d 585 (Ind. Ct. App. 2011) (odor-based probable cause analysis for possession)