Cruz-Salazar v. State
Citation | 61 N.E.3d 272 |
Decision Date | 30 June 2016 |
Docket Number | No. 49A05–1511–CR–1782.,49A05–1511–CR–1782. |
Parties | Eduardo CRUZ–SALAZAR, Appellant–Defendant, v. STATE of Indiana, Appellee–Plaintiff. |
Court | Court of Appeals of Indiana |
Suzy St. John, Marion County Public Defender, Indianapolis, IN, Attorney for Appellant.
Gregory F. Zoeller, Attorney General of Indiana, Tyler G. Banks, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.
Statement of the Case
[1] Eduardo Cruz–Salazar appeals his conviction for possession of cocaine, as a Class A misdemeanor, following a bench trial. He presents two issues for our review, which we consolidate and restate as whether the trial court abused its discretion when it admitted into evidence the cocaine a police officer found on his person after his arrest for public intoxication.
[2] We affirm.
[3] At approximately 6:42 a.m. on December 29, 2014, Indianapolis Metropolitan Police Department Officer Mark Ayler responded to a report of a suspicious vehicle, described as a blue or turquoise truck, that had been parked on the street in front of a residence at 5831 Sunwood Drive in Indianapolis for approximately thirty minutes. Upon his arrival at that address, Officer Ayler saw a blue Chevy Silverado truck parked on the street. Officer Ayler “shined [a] spotlight on the vehicle to see if anyone was inside the vehicle[,]” and he saw a man, later identified as Cruz–Salazar, sitting in the driver's seat. Tr. at 8. The man “appeared to be either sleeping or passed out.” Id. Officer Ayler “approached the vehicle, tapped on the window a couple of times [,]” but Cruz–Salazar did not respond. Id. Accordingly, Officer Ayler “opened the door to check on [Cruz–Salazar's] welfare.” Id.
[4] Once the door was open, Officer Ayler “shook [Cruz–Salazar] a little bit and made contact with him.” Id. at 9. Officer Ayler asked Cruz–Salazar for his identification, which he provided. Officer Ayler noticed that Cruz–Salazar “had bloodshot, watery eyes” and “slurred speech[.]” Id. at 9–10. Officer Ayler asked Cruz–Salazar whether he had been drinking, and he responded that he had been drinking “a little bit.” Id. at 10. Based on his training and experience, Officer Ayler concluded that Cruz–Salazar was intoxicated. Indeed, after Officer Ayler asked Cruz–Salazar to exit the truck, Cruz–Salazar was “unsteady on his feet.” Id. at 11. Officer Ayler asked Cruz–Salazar “how he [had gotten] there in the vehicle[,] and he stated [that] he did not remember.” Id. Officer Ayler administered a portable breath test, and Cruz–Salazar registered a BAC of .184.
[5] “At that point, [Officer Ayler] tried to assist [Cruz–Salazar] in maybe calling someone to come and get him due to the [cold weather] and [because] he was very intoxicated[.]” Id. Cruz–Salazar gave Officer Ayler a phone number, but when Officer Ayler called that number, he got no answer. Officer Ayler then arrested Cruz–Salazar for public intoxication. During a search incident to that arrest, Officer Ayler found a “plastic baggie in his right front pant [s] pocket that contained a white powdery substance” that he suspected to be cocaine. Id. at 12. Subsequent tests confirmed that the substance was cocaine.
[6] The State charged Cruz–Salazar with possession of cocaine, as a Class D felony. Cruz–Salazar moved to suppress the evidence alleging that the search and seizure violated the Fourth Amendment to the United States Constitution and Article 1, Section 11 of the Indiana Constitution. The trial court denied that motion and, following a bench trial, found Cruz–Salazar guilty of possession of cocaine, as a Class A misdemeanor. The trial court entered judgment and sentenced Cruz–Salazar to 365 days, all suspended, and 180 days of probation. This appeal ensued.
[7] Cruz–Salazar contends that Officer Ayler violated his right to be free from an unreasonable search and seizure under the Fourth Amendment to the United States Constitution and Article 1, Section 11 of the Indiana Constitution. In particular, Cruz–Salazar maintains that Officer Ayler detained and questioned him without reasonable suspicion that he was engaged in or about to be engaged in criminal activity. The State contends that Officer Ayler's conduct was reasonable because Cruz–Salazar had no legitimate privacy interest when he was “publicly observed unconscious in a running pickup truck on the side of the road at 6:30 a.m.” Appellee's Br. at 11. The State also contends that Officer Ayler's conduct was consistent with his community caretaking function and, as such, did not implicate Cruz–Salazar's rights under either the federal or state constitution. We agree with the State that the community caretaking function exception applies here.
[8] Cruz–Salazar is appealing from the trial court's admission of the evidence following a completed trial. A trial court is afforded broad discretion in ruling on the admissibility of evidence, and we will reverse such a ruling only upon a showing of an abuse of discretion. Washington v. State, 784 N.E.2d 584, 587 (Ind.Ct.App.2003). An abuse of discretion involves a decision that is clearly against the logic and effect of the facts and circumstances before the court. Id. We will not reweigh the evidence, and we consider conflicting evidence in the light most favorable to the trial court's ruling. Collins v. State, 822 N.E.2d 214, 218 (Ind.Ct.App.2005), trans. denied.
[9] In Clark v. State, 994 N.E.2d 252, 260–62 (Ind.2013), our supreme court set out the applicable law as follows:
The Fourth Amendment to the U.S. Constitution protects persons from unreasonable search and seizure by prohibiting, as a general rule, searches and seizures conducted without a warrant supported by probable cause. U.S. Const. amend. IV ; Berry v. State, 704 N.E.2d 462, 464–65 (Ind.1998). As a deterrent mechanism, evidence obtained in violation of this rule is generally not admissible in a prosecution against the victim of the unlawful search or seizure absent evidence of a recognized exception. Mapp v. Ohio, 367 U.S. 643, 649–55, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961) ( ). It is the State's burden to prove that one of these well-delineated exceptions is satisfied. Berry, 704 N.E.2d at 465.
[10] In Osborne v. State, 54 N.E.3d 428, 433–34 (Ind.Ct.App.2016), not yet certified, this court explained the community caretaking exception to the Fourth Amendment as follows:
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...warrant requirement has been applied, in Indiana, only to justify inventory searches of impounded vehicles. See Cruz–Salazar v. State, 61 N.E.3d 272, 275 (Ind.Ct.App.2016), trans. pending; Osborne v. State, 54 N.E.3d 428, 434 (Ind.Ct.App.2016), trans. granted. Observing that numerous other ......
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Cruz-Salazar v. State, 49S05–1611–CR–626.
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