Westmoreland v. State
2012 Ind. App. LEXIS 180
Ind. Ct. App.2012Background
- Police stopped Deborah Day for traffic violations; Westmoreland was the sole passenger in Day's car.
- Day had warrants, so officers detained her and towed the vehicle; Westmoreland was briefly handcuffed.
- Officer Forrest conducted a pat-down of Westmoreland for officer safety during the stop.
- A plastic baggie with marijuana was found in Westmoreland's front pocket during the pat-down.
- Westmoreland moved to suppress the marijuana as an unlawful search and seizure.
- The trial court denied the suppression motion; on appeal, the court reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the pat-down of Westmoreland was constitutional | Westmoreland argues the pat-down lacked reasonable suspicion. | State contends Johnson permits protective frisk during traffic stops when lawful detainment exists. | Pat-down invalid; no reasonable suspicion Westmoreland was armed and dangerous. |
Key Cases Cited
- Arizona v. Johnson, 555 U.S. 323 (2009) (limits pat-downs to armed-and-dangerous assessments during traffic stops)
- Mimms, 434 U.S. 106 (1977) (driver may be ordered out of vehicle; safety interest acknowledged)
- Maryland v. Wilson, 519 U.S. 408 (1997) (passengers may be ordered out during traffic stops)
- Brendlin v. California, 551 U.S. 249 (2007) (passengers are seized during traffic stops)
- Patterson v. State, 958 N.E.2d 478 (Ind.Ct.App.2011) (requires articulable facts supporting armed-and-dangerous belief)
- State v. Hobbs, 933 N.E.2d 1281 (Ind.2010) (Fourth Amendment search/seizure standards in Indiana)