Background

• Wilford appeals his conviction for carrying a handgun without a license, challenging the admissibility of the gun and photographs found during a warrantless inventory search of the car he was driving.
• Police stopped Wilford for equipment problems; car owned by his sister but driven by Wilford who had a suspended license.
• Car was impounded after Wilford was arrested for driving while suspended and not being the owner.
• Sergeant Jefferson conducted an on-site inventory search prior to towing and found a stolen handgun; Wilford admitted ownership and lacked a handgun license.
• Court admitted the gun and photos at trial; Wilford was convicted on the handgun charge and appeals on Fourth Amendment and Article 1, Section 11 grounds.
• The appellate courtaffirmed, finding the inventory search reasonable under both the Fourth Amendment and Indiana Constitution.

Issues

Key Cases Cited

• Fair v. State, 627 N.E.2d 427 (Ind. 1993) (inventory search is a valid exception to the warrant requirement when conducted properly)
• South Dakota v. Opperman, 428 U.S. 364 (U.S. Supreme Court 1976) (inventory searches; caretaking function)
• Taylor v. State, 842 N.E.2d 327 (Ind. 2006) (reasonableness of inventory searches; on-scene policy relevance)
• Berry v. State, 967 N.E.2d 87 (Ind. Ct. App. 2012) (impoundment policy; policy evidence affects reasonableness)
• Gibson v. State, 733 N.E.2d 945 (Ind. Ct. App. 2000) (improbable impoundment in parking lot case; relevance to community safety)
• Edwards v. State, 762 N.E.2d 128 (Ind. Ct. App. 2002) (pretext concern; inventory search standards)
• Faust v. State, 804 N.E.2d 1242 (Ind. Ct. App. 2004) (inventory search testimony sufficient to establish routine)
• Rabadi v. State, 541 N.E.2d 271 (Ind. 1989) (scope of routine inventory to protect private property and safety)
• Guilmette v. State, 14 N.E.3d 38 (Ind. 2014) (standard of review for evidentiary rulings; preservation)