Robert Weathers v. State of Indiana
2016 Ind. App. LEXIS 297
| Ind. Ct. App. | 2016Background
- Deputy Andre stopped Robert Weathers after observing an obscured registration expiration on a vehicle; Weathers was driving and had a suspended license.
- Andre arrested Weathers for driving while suspended, gave him time to arrange retrieval of the vehicle, and impounded the vehicle when no one arrived; the vehicle was partially in the roadway.
- Before impoundment, Andre asked if anything in the vehicle should be removed; Weathers said there was a handgun, and Andre observed the gun barrel in plain view between the driver’s seat and center console.
- Andre seized the handgun and conducted a warrantless inventory search; no written inventory slip was completed as required by department policy.
- Weathers was charged with carrying a handgun without a license (later elevated to a Level 5 felony based on a prior felony) and driving while suspended; he was convicted after a bench trial and sentenced.
- On appeal Weathers argued (1) the warrantless inventory search was unreasonable under the Fourth Amendment and the handgun should have been suppressed, and (2) the evidence was insufficient to support elevation to a Level 5 felony. The court affirmed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Weathers) | Held |
|---|---|---|---|
| Admissibility: Was the warrantless inventory search reasonable under the Fourth Amendment? | Inventory-search exception applies to impounded vehicles; impoundment and inventory were reasonable and served administrative, non-investigatory purposes. | Search was unreasonable and pretextual because Deputy Andre failed to follow department policy requiring a written inventory. | Court held impoundment was proper and, despite failure to complete a written inventory slip, the inventory search was not a pretext and was reasonable; handgun admissible. |
| Sufficiency: Was the evidence sufficient to elevate the handgun charge to a Level 5 felony? | Evidence (including Weathers’ stipulation and offered conviction documents) established a qualifying prior felony within 15 years. | Argues the State failed to prove a prior felony within 15 years (or only stipulated to documents). | Court held Weathers, by counsel, stipulated to a prior felony within the statute period; evidence sufficed to support Level 5 conviction. |
Key Cases Cited
- Arizona v. Gant, 556 U.S. 332 (2009) (warrantless searches are per se unreasonable except for established exceptions)
- Florida v. Wells, 495 U.S. 1 (1990) (inventory searches must follow standardized criteria to prevent pretextual rummaging)
- Colorado v. Bertine, 479 U.S. 367 (1987) (inventory searches pursuant to standardized procedures are reasonable)
- South Dakota v. Opperman, 428 U.S. 364 (1976) (inventory search of impounded vehicle is valid administrative procedure)
- Fair v. State, 627 N.E.2d 427 (Ind. 1993) (State bears burden to show inventory search was reasonable and routine)
- Wilford v. State, 50 N.E.3d 371 (Ind. 2016) (inventory of impounded vehicle is administrative exception to warrant requirement)
- Whitley v. State, 47 N.E.3d 640 (Ind. Ct. App. 2015) (minor deviations from inventory policy do not necessarily render search pretextual)