Edmond v. State
951 N.E.2d 585
| Ind. Ct. App. | 2011Background
- Edmond was stopped for a traffic violation after failing to stop at a sign; he had only a learner's permit and no licensed driver with him.
- Officer Drennan smelled burnt marijuana from Edmond and the vehicle, and from Edmond's breath, creating probable cause to search the vehicle.
- Edmond was asked to exit the vehicle; a pat-down search occurred and a baggie of marijuana was removed from Edmond's pocket.
- Edmond was charged with possession of marijuana as a class A misdemeanor; he moved to suppress the pat-down evidence at a bench trial.
- The trial court denied suppression and Edmond was convicted; on appeal, the issue is whether the search violated Fourth Amendment or Article 1, Section 11.
- The court held the search was valid as a search incident to arrest based on probable cause, and affirmed Edmond’s conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Fourth Amendment—validity of search incident to arrest | Edmond argues the pat-down/search of his person was unlawful under the Fourth Amendment. | State contends there was probable cause to arrest Edmond and the search was incident to arrest. | Search was permissible as incident to arrest. |
| Probable cause to arrest based on odor of marijuana | Odor alone cannot justify arrest or search of a person. | Odor of burnt marijuana on Edmond’s breath plus vehicle provided probable cause to arrest Edmond for possession. | There was probable cause to arrest Edmond, justifying a search incident to arrest. |
| Article 1, Section 11—Indiana Constitution | Search of Edmond’s person violated Indiana’s search and seizure protections. | Indiana Constitution is satisfied under totality-of-circumstances; intrusion minimal and needs justified by arrest. | No violation under Article 1, Section 11; evidence admissible. |
Key Cases Cited
- Hawkins v. State, 766 N.E.2d 749 (Ind. Ct. App. 2002) (odor of burnt marijuana in vehicle establishes probable cause to search)
- Sebastian v. State, 726 N.E.2d 827 (Ind. Ct. App. 2000) (pat-downs related to vehicle searches after odor of marijuana; probable cause to arrest and search incident to arrest)
- Edwards v. State, 759 N.E.2d 626 (Ind. 2001) (searches incident to a lawful recent arrest)
- Ornelas v. United States, 517 U.S. 690 (1996) (probable cause/ reasonable suspicion standard; de novo review on ultimate determinations)
- Ratliff v. State, 770 N.E.2d 807 (Ind. 2002) (exception to the warrant requirement; burden on State)