Eckstein v. State
| Decision Date | 02 August 1988 |
| Docket Number | No. 19S00-8709-CR-876,19S00-8709-CR-876 |
| Citation | 526 N.E.2d 693 |
| Parties | Jonathan D. ECKSTEIN, Appellant, v. STATE of Indiana, Appellee. |
| Court | Indiana Supreme Court |
Steven E. Ripstra, Lytton and Ripstra, Jasper, for appellant.
Linley E. Pearson, Atty. Gen., Amy Schaeffer Good, Deputy Atty. Gen., Indianapolis, for appellee.
A jury trial resulted in a conviction of appellant of Public Intoxication, for which he received one (1) year, Receiving Stolen Property and habitual offender, for which he received an enhanced sentence of thirty (30) years, Possession of Marijuana, for which he received a sentence of one (1) year, Burglary and habitual offender, for which he received ten (10) years enhanced by thirty (30) years, by reason of the habitual offender status. The sentences were to run concurrently; therefore, appellant had an executed sentence of forty (40) years.
The facts are: Dennis Mayberry and appellant were fellow workers on a mausoleum construction project. During the course of the construction, appellant had visited in Mayberry's trailer. On the evening of November 1, 1986, appellant was at Mayberry's trailer with several others when Mayberry and the others left to go to a party. Appellant said he was going home to change clothes before going to the party.
When Mayberry returned to his trailer later that evening, he discovered that it had been burglarized. The burglary was reported to the police along with a description of the items taken. At approximately 2:30 the following morning, police officer Tedrow observed appellant straddling his bicycle near a semitrailer tractor. Tedrow stopped his patrol car and spoke with appellant. There was a strong odor of alcohol, and appellant slurred his speech and appeared to be intoxicated. Appellant was placed under arrest for public intoxication.
In searching appellant's person, pursuant to the arrest, the officer found, among other things, a metal cigarette case containing hand-rolled cigarettes later discovered to be marijuana and a change purse containing a gold ring which was taken in the burglary. The officer found a Planters' cashew nut can sitting on the frame of the truck which was also identified as an object taken in the burglary.
As appellant was being taken into custody, the officers impounded his bicycle and conducted an inventory search of a bicycle bag where they found a coffee can full of coins and a large quantity of loose coins. The coffee can was also identified as having been taken in the burglary. After appellant was transported to the jail, a further search of his person disclosed a bag containing a substance later identified by a "field test" as marijuana.
Appellant claims the police did not have probable cause to search his bicycle bag. However, in view of the fact the vehicle was being impounded by reason of appellant's arrest for public intoxication, the police not only had the right but had a duty to conduct an inventory search of the vehicle. Deneal v. State (1984), Ind., 468 N.E.2d 1029. The trial court did not err in admitting the contents of the bicycle bag into evidence.
Appellant contends the trial court erred in allowing police officer Charles Pierce to testify concerning the result of a "field test" on the substance found on appellant's person at the time of his arrest. Officer Pierce testified that he had been on the police force for fourteen (14) years, that he had conducted numerous field tests on substances suspected of being marijuana, and that he was well acquainted with marijuana due to his police service. The fact that Officer Pierce was unable to testify concerning the chemicals used or the reason for the chemical reaction to demonstrate the presence of marijuana does not render his use of the "field test" inadmissible. Reid v. State (1978), 267 Ind. 555, 372 N.E.2d 1149. There was no error in the introduction of the result of the field test or Pierce's opinion as to the fact that the tested substance was marijuana.
Appellant claims it was improper for the State to inquire into specific details of appellant's past criminal record. Appellant testified in his own behalf at his trial, and on cross-examination the State inquired about the nature of a 1982 burglary conviction and about three 1978 burglary convictions. Appellant claims it was improper for the State to explore the details of his prior criminal record, citing Hansford v. State (1986), Ind., 490 N.E.2d 1083.
It is true that unless a defendant opens the door as to the details of prior crimes, it is improper for the State to delve into such details beyond the fact of prior conviction....
To continue reading
Request your trial
-
Fair v. State
...impoundment would rarely if ever be warranted in terms of community caretaking. Johnson, 553 N.E.2d at 479. The case of Eckstein v. State (1988), Ind., 526 N.E.2d 693, on which the Court of Appeals relies, is inapposite, involving not an automobile but a bicycle bag.5 Under Ind.Code Ann. Se......
-
Shoulders v. State
...of questioning, we conclude the error was harmless due to the considerable evidence of Shoulders's guilt. See, e.g., Eckstein v. State (1988), Ind., 526 N.E.2d 693, 695. Shoulders also claims that the prosecutor improperly vouched for Mullins's credibility on opening argument. The prosecuto......
-
Fair v. State, 49A04-9207-CR-255
...for a shooting at an apartment complex, impounded his car and found controlled substances during inventory search); Eckstein v. State (1988), Ind., 526 N.E.2d 693, 694 (police arrested defendant for public intoxication, impounded his bicycle and found stolen property in the bicycle bag duri......
-
Isom v. State
...conduct an inventory search of the vehicle based on the fact they had impounded the vehicle due to Isom's arrest. See Eckstein v. State (1988), Ind., 526 N.E.2d 693, 694 ("In view of the fact the vehicle was being impounded by reason of appellant's arrest ... the police not only had the rig......