112 N.E.3d 726
Ind. Ct. App.2018Background
- On May 11, 2016, police obtained a search warrant for Lawrence Lucas’s two-story home with attached two-car garage based on a victim’s report of an assault and theft (seeking clothing, a baseball bat, a cell phone, currency, blood evidence, and related items).
- During the search, officers found blood and a bloody baseball bat in the house and entered the attached garage where a black vehicle was parked.
- On the garage floor they found a bloodied jacket matching the victim’s description; officers looked into the vehicle, moved a blanket covering a rear-seat mound, and discovered a paper bag they suspected contained synthetic marijuana.
- Officers then halted the search, obtained a second warrant for narcotics, and seized additional items; Lucas was later charged with multiple offenses including dealing and possession of synthetic drugs.
- Lucas moved to suppress evidence seized after the blanket was moved, arguing the act exceeded the scope of the original warrant; the trial court granted suppression and the State appealed.
- The Court of Appeals reversed, holding that a warrant to search described premises permits searching vehicles on those premises if the vehicle could contain the items named in the warrant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the search exceeded the scope of the warrant | State: warrant for home/garage allowed searching areas and containers where listed items could be found | Lucas: moving the blanket and searching the vehicle was speculation and exceeded warrant scope | Search of the vehicle (including lifting blanket) was lawful because vehicle could contain the items listed in the warrant; suppression reversed |
Key Cases Cited
- United States v. Ross, 456 U.S. 798 (1982) (a warrant to search premises for items permits opening containers and areas where the object may be found)
- United States v. Percival, 756 F.2d 600 (7th Cir. 1985) (warrant for a house and garage may permit searching vehicles owned or controlled by owner and found on premises)
- United States v. Evans, 92 F.3d 540 (7th Cir. 1996) (upholding vehicle search in garage pursuant to residence warrant)
- Griffith v. State, 59 N.E.3d 947 (Ind. 2016) (warrant must describe place and items with particularity)
- Sidener v. State, 55 N.E.3d 380 (Ind. Ct. App. 2016) (search exceeding warrant is unconstitutional)