Sharmain J. Smith v. State of Indiana
980 N.E.2d 346
Ind. Ct. App.2012Background
- Officer stopped Smith for erratic driving; Smith showed signs of intoxication and was placed under arrest for OWI.
- Search of Smith’s vehicle occurred after arrest; two open beer bottles and a handgun were found.
- Charges filed: unlawful possession of firearm by a serious violent felon (Count I), OWI (Count II), and BAC-related offense (Count III); habitual offender (Count IV) later added.
- Smith pled guilty to Counts II–IV; Count I to be resolved after disposition of Count I’s suppression issue.
- Smith moved to suppress the handgun evidence; trial court denied; jury convicted on Count II and Count III (merging Count III into Count II).
- Appellate court upheld admission of the handgun and affirmed conviction, ruling the search incident to arrest was reasonable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Fourth Amendment admissibility of the handgun | Smith argues the search violated the Fourth Amendment. | State argues the search incident to arrest was permissible. | Search was valid; no Fourth Amendment violation. |
| Indiana Constitution, Article I, Section 11 admissibility | Smith asserts violation of Article I, Section 11. | State contends reasonableness under totality of circumstances. | Search was reasonable and did not violate Article I, Section 11. |
Key Cases Cited
- Arizona v. Gant, 556 U.S. 332 (2009) (vehicle search incident to arrest limited to reach or probable evidence of offense)
- Ackerman v. State, 774 N.E.2d 970 (Ind. Ct. App. 2002) (standard for admissibility identical for pre-trial and trial objections)
- Collins v. State, 822 N.E.2d 214 (Ind. Ct. App. 2005) (admissibility reviewed for abuse of discretion; corroborates standard)
- Washington v. State, 784 N.E.2d 584 (Ind. Ct. App. 2003) (broad discretion; reweighing not allowed on admissibility)
- Bradshaw v. State, 759 N.E.2d 271 (Ind. Ct. App. 2001) (abuse of discretion standard for evidentiary rulings)
- Moran v. State, 644 N.E.2d 536 (Ind. 1994) (Indiana Constitution interpreted independently from federal standard)
- Litchfield v. State, 824 N.E.2d 356 (Ind. 2005) (totality of the circumstances test for reasonableness)
- Hathaway v. State, 906 N.E.2d 941 (Ind. Ct. App. 2009) (totality of circumstances applied to Article I, §11)
- Quirk v. State, 842 N.E.2d 334 (Ind. Ct. App. 2006) (Indiana search and seizure clause closely tracks federal clause)
- Baniaga v. State, 891 N.E.2d 615 (Ind. Ct. App. 2008) (Indiana Constitution applied with liberal construction)