Lewis v. State
949 N.E.2d 1243
Ind.2011Background
- Officer Joson stopped Cedric Lewis for speeding and lane changes without signaling on Sherman Drive; Lewis had no license but provided an ID.
- License status showed suspended; Lewis was arrested for driving with a suspended license and the passenger was asked to exit the vehicle.
- Joson leaned into the car to speak with the passenger when the driver's seat area concealed a handgun wedged between the driver's seat and center console.
- Lewis moved to suppress the gun, arguing the entry of Joson’s head into the car violated the Fourth Amendment and Article 1, Section 11.
- Trial court admitted the gun; Lewis was convicted of unlawful possession of a firearm by a serious violent felon, based on a prior 1997 conviction for shooting at an officer.
- Court of Appeals reversed; Indiana Supreme Court granted transfer to review whether the gun was the product of an unlawful search and whether the sentence was inappropriate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Joson’s head entering the car constituted a search | Lewis argues Fourth Amendment/Article 1 right violated. | Lewis contends the intrusion exposed the gun as a search. | No search; gun observed in plain view during lawful encounter. |
| Whether the gun was admissible against Lewis | Gun should be excluded due to unlawful search. | Gun admissible as plain view discovery during lawful stop. | Admissible; discovery was plain view and not a search. |
| Whether Lewis’s sentence was inappropriate | Sentence should be reduced due to lack of damage and other mitigating factors. | Court properly considered aggravating factors and LEV status; sentence not disproportionate. | Sentence affirmed; two years above advisory not inappropriate. |
Key Cases Cited
- Koscielski v. State, 199 Ind. 546 (Ind. 1927) (looking into a roadside automobile not a search)
- Avant v. State, 528 N.E.2d 74 (Ind. 1988) (plain-view discovery during traffic stop not a search)
- Alcorn v. State, 265 N.E.2d 413 (Ind. 1970) (no search when officer peers into a car during stop)
- Hardister v. State, 849 N.E.2d 563 (Ind. 2006) (defining search in Fourth Amendment context)
- Litchfield v. State, 824 N.E.2d 356 (Ind. 2005) (separate analyses for Fourth Amendment and Indiana Constitution)