124 N.E.3d 117
Ind. Ct. App.2019Background
- In Sept. 2017 police investigating meth distribution targeted Jerry Hall; intercepted communications and surveillance implicated Brian Hardin.
- Detective Allen obtained a warrant to search Hardin's single-story residence at 5426 Collett Drive East; the warrant described the residence but did not explicitly mention any vehicle.
- Officers executed the warrant at night, cleared the house, and found drug paraphernalia; Hardin returned, was detained after a scuffle, and placed in custody at the residence.
- While the warrant was being executed, officers searched a pickup parked in Hardin's driveway (within the home's curtilage) and found over 100 grams of methamphetamine beneath the driver’s seat.
- Hardin moved to suppress evidence from the vehicle search; the trial court denied the motion, he was convicted of dealing in methamphetamine (level 2), and sentenced to 22 years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers could search a vehicle on the curtilage under a warrant that described only the residence | Hardin: vehicle not listed in warrant; search exceeded scope and violated Fourth Amendment and Ind. Const. art. 1 § 11 | State: vehicle was within curtilage and a warrant for the residence permits searching containers/areas on the premises; automobile-exception also supported search | Court: No abuse of discretion—warrant for residence authorized search of vehicle on curtilage under Fourth Amendment; search also reasonable under Article 1, § 11 |
Key Cases Cited
- United States v. Ross, 456 U.S. 798 (warrant to search premises permits opening containers/areas where object may be found)
- Sowers v. State, 724 N.E.2d 588 (Ind. 2000) (warrant for residence authorizes search of structures within curtilage)
- State v. Lucas, 112 N.E.3d 726 (Ind. Ct. App. 2018) (search warrant for home permits search of vehicles owned/controlled by occupant and found on premises)
- United States v. Percival, 756 F.2d 600 (7th Cir. 1985) (warrant for premises may permit search of vehicles on premises analogous to other containers)
- Collins v. Virginia, 138 S. Ct. 1663 (warrantless extension of automobile-exception into curtilage is limited; court declined to extend exception to invade curtilage without warrant)