Wilson v. State
2012 Ind. App. LEXIS 219
| Ind. Ct. App. | 2012Background
- Officer stopped Wilson’s car after observing a suspended license and warrants; Wilson fled from the vehicle.
- Vehicle was towed and impounded; inventory search revealed Mickschl’s hydromorphone bottles and empty wrappers.
- Mickschl was Wilson’s girlfriend; two bottles in center console/glove box bore Mickschl’s prescriptions.
- Wilson was charged with Class B dealing (hydromorphone) and Class D possession (morphine sulfate), plus misdemeanors.
- Motion to suppress/for suppression of inventory evidence denied; trial proceeded with related testimony.
- Jury convicted on all counts except morphine sulfate deal; sentence imposed: 13 years, 1 year suspended.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of evidence from vehicle search | Wilson argues Fourth Amendment violation taints evidence. | State claims abandonment and inventory search exceptions apply. | Evidence admitted; abandonment supported; no Fourth Amendment violation. |
| Sufficiency of evidence for edges of dealing and possession | Wilson contends insufficient proof of possession/intent. | State asserts constructive possession and intent to deliver shown. | Sufficient evidence for both Class B and Class D offenses. |
| Length and propriety of sentence | Wilson argues sentence is inappropriate given mitigating factors. | State asserts sentence supported by nature and criminal history. | Sentence affirmed as not inappropriate. |
Key Cases Cited
- Wilson v. State, 825 N.E.2d 49 (Ind. Ct. App. 2005) (abandonment and Fourth Amendment expectations in vehicle searches)
- Ratliff v. State, 770 N.E.2d 807 (Ind. 2002) (inventory search of an impounded vehicle)
- United States v. Pittman, 411 F.3d 813 (7th Cir. 2005) (abandonment and inevitable discovery in inventory searches)
- Iddings v. State, 772 N.E.2d 1006 (Ind. Ct. App. 2002) (knowledge element for criminal possession inferred from circumstances)
- Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) (standard for appellate review of sentences)
- Reid v. State, 876 N.E.2d 1114 (Ind. 2007) (statutory limits and appellate authority to revise sentences)