Richard Bernard Sansbury v. State of Indiana
96 N.E.3d 587
| Ind. Ct. App. | 2017Background
- On Jan. 17, 2016, IMPD officers stopped a Pontiac Aztek driven by Richard Sansbury for a turn signal violation and a nonworking headlight; the car was stopped near an apartment building in an area where traffic flowed.
- Officers determined Sansbury lacked a valid driver’s license and the car was registered to his mother; IMPD decided to impound the vehicle and called a tow.
- Before towing, Detective McKalips searched the vehicle claiming an inventory and discovered three handguns and ammunition; no written inventory was prepared.
- Sansbury was charged with carrying a handgun without a license (Class A misdemeanor) and driving with a suspended license with a similar infraction within ten years (Class A misdemeanor).
- Sansbury moved to suppress the evidence from the vehicle search; the trial court denied suppression, convicted Sansbury after a bench trial, and he appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether impoundment/inventory search of the vehicle violated the Fourth Amendment | State: impoundment was lawful under IMPD policy and community-caretaking; search was a proper inventory | Sansbury: impoundment/search were pretextual and violated Fourth Amendment | Impoundment lawful; inventory search invalid because officers deviated materially from policy and treated search as investigatory, so evidence suppressed |
| Whether written inventory or other records were required to validate an inventory search | State: failure to prepare written inventory does not automatically invalidate search; other records/photographs may suffice | Sansbury: absence of written inventory and focus on contraband show pretext | Held: lack of written inventory plus officer focus on contraband and failure to follow policy rendered search unreasonable |
| Whether there was sufficient evidence that Sansbury’s license was suspended on the stop date | State: official record and officer’s computer check supported suspension or at least shifted burden to Sansbury to prove reinstatement | Sansbury: BMV record shows suspension period ended before the stop; State did not prove suspension at time of stop | Held: State failed to prove license was suspended on the date; conviction reversed for driving while suspended |
| Remedy on appeal | State: convictions should stand | Sansbury: suppress weapons and reverse convictions | Held: conviction for handgun possession reversed (evidence suppressed) and conviction for driving while suspended reversed for insufficient evidence; case remanded |
Key Cases Cited
- Belvedere v. State, 889 N.E.2d 286 (Ind. 2008) (standard of review for search and seizure rulings)
- Berry v. State, 704 N.E.2d 462 (Ind. 1998) (warrant generally required; exceptions analyzed)
- Meister v. State, 933 N.E.2d 875 (Ind. 2010) (State bears burden to justify warrantless search)
- Fair v. State, 627 N.E.2d 427 (Ind. 1993) (impoundment/inventory exception and limits to pretextual inventories)
- Ratliff v. State, 770 N.E.2d 807 (Ind. 2002) (impoundment lawful when vehicle poses hazard)
- Taylor v. State, 842 N.E.2d 327 (Ind. 2006) (distinguishing lawful parking from hazards that justify tow)
- Sams v. State, 71 N.E.3d 372 (Ind. Ct. App. 2017) (major deviations from inventory policy may indicate pretext)
- Gibson v. State, 733 N.E.2d 945 (Ind. Ct. App. 2000) (rationale for inventory searches explained)
- Weathers v. State, 61 N.E.3d 279 (Ind. Ct. App. 2015) (failure to write inventory not dispositive when other facts corroborate)
- Whitley v. State, 47 N.E.3d 640 (Ind. Ct. App. 2015) (photographs can sometimes substitute for written inventory)
- Jackson v. State, 890 N.E.2d 11 (Ind. Ct. App. 2008) (inventory reasonable where another officer completed report)
- Frink v. State, 568 N.E.2d 535 (Ind. 1991) (insufficient evidence when suspension period had elapsed)
- Jennings v. State, 982 N.E.2d 1003 (Ind. 2013) (standard for sufficiency review)