Meek v. State
2011 Ind. App. LEXIS 1312
| Ind. Ct. App. | 2011Background
- IMPD officers observed Moore approaching a disabled vehicle, then Meek drove away from the scene; tint on Meek's car prevented occupants from being identified.
- Officer Thomas stopped Meek for the window tint; he smelled raw marijuana emanating from the passenger cabin, and back-up Officer Jackson also smelled marijuana.
- Meek and Moore were asked about weapons or contraband; both denied, and they were read Miranda rights after exiting the vehicle.
- Meek admitted possessing a weapon; a pat-down revealed Meek's gun and permit, and $1,900 cash was found on Moore; the car was searched for weapons and odor source but none found.
- A more thorough pat-down of Meek yielded a baggie containing marijuana and pills; the source of the odor remained unfound.
- Meek moved to suppress the evidence from the search of his person; the trial court denied suppression and certified the issue for interlocutory appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does odor of raw marijuana create probable cause to search? | Meek: odor alone insufficient for probable cause to search Meek personally. | Meek: odor from vehicle supports vehicle search but not personal search. | No error; totality of circumstances supported search. |
| Is search of Meek's person justified by totality of circumstances under Indiana Constitution? | Meek: warrants suppression under Article I, Section 11. | Meek: officers properly balanced risks and odor evidence with stop. | Search deemed reasonable under totality of circumstances. |
| May odor of marijuana from a vehicle provide probable cause to search the occupants when the source cannot be located? | Meek: odor alone cannot justify a personal search absent other corroboration. | Meek: odor combined with conduct and admitted facts justifies search. | Odor plus circumstances supported search. |
Key Cases Cited
- State v. Hawkins, 766 N.E.2d 749 (Ind.App. 2002) (probable cause based on odor and practical considerations)
- Marcum v. State, 843 N.E.2d 546 (Ind.App. 2006) (odor of marijuana can supply probable cause for vehicle search)
- Lark v. State, 759 N.E.2d 275 (Ind.App. 2001) (totality of circumstances governs reasonableness after stop)
- Taylor v. State, 842 N.E.2d 327 (Ind. 2006) (constitutional reasonableness based on totality of circumstances)
- Jones v. State, 856 N.E.2d 758 (Ind.App. 2006) (totality of circumstances analysis for searches)
- Litchfield v. State, 824 N.E.2d 356 (Ind. 2005) (balancing tests for reasonable searches and seizures)
- Wilkerson v. State, 933 N.E.2d 891 (Ind.App. 2010) (stop justification and reasonable suspicion standards)