Miller v. State
| Citation | 991 N.E.2d 1025 |
| Decision Date | 30 July 2013 |
| Docket Number | No. 53A05–1211–CR–560.,53A05–1211–CR–560. |
| Parties | Adam MILLER, Appellant–Defendant, v. STATE of Indiana, Appellee–Plaintiff. |
| Court | Court of Appeals of Indiana |
OPINION TEXT STARTS HERE
Stuart K. Baggerly, Bloomington, IN, Noah T. Williams, Bloomington, IN, Attorneys for Appellant.
Gregory F. Zoeller, Attorney General of Indiana, Eric P. Babbs, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.
Appellant–Defendant, Adam Miller (Miller), appeals the trial court's denial of his motion to suppress.
We reverse.
Miller raises four issues, one of which we find dispositive and restate as the following: Whether the trial court erred by denying his motion to suppress.
On January 9, 2011, Officer Jordan Hasler of the Bloomington Police Department (Officer Hasler) was patrolling in his vehicle when he saw a vehicle driven by Miller. After confirming that the vehicle's license plate sticker had expired, he initiated a traffic stop of Miller's vehicle. Officer Hasler saw Miller reach toward the right side of the car. Miller turned into a nearby restaurant parking lot and parked his car in a handicapped parking space, reaching toward the left side of the car as he did so.
Officer Hasler exited his vehicle and approached Miller's vehicle on the passenger side. Miller exited his car, coming out all the way out as he saw Officer Hasler at the rear right bumper. Miller appeared irate and Officer Hasler commanded him to return to the inside of the car. Miller continued to exit the car three more times, with Officer Hasler commanding him to return. However, on the fourth time, Officer Hasler handcuffed Miller outside the car. The parking lot was filled with people during this time.
Officer Hasler commenced a patdown of Miller's clothing. He found no weapons but noticed the smell of burnt marijuana on Miller's clothes. Officer Hasler asked Miller why he smelled of marijuana and Miller replied that he did not smoke marijuana and that his father was a police officer. Officer Hasler asked Miller whether he had any “guns, knives, needles [...] rocket launchers or grenades in his car.” (Transcript p. 10). Miller responded, “none that [Officer Hasler] needed to know of.” (Tr. p. 10). Officer Hasler did not believe this was a common answer and was concerned that Miller may have a weapon.
Additional officers arrived at the scene. Officer Hasler determined that the car was registered to Miller, but pursuant to Bloomington Police Department policy, decided to have the vehicle towed because of its expired license plate sticker. Pursuant to policy, the officers began an inventory search of Miller's car prior to towing. Officer Hasler issued Miller a citation. Miller was released from his handcuffs and told that he was free to leave. Miller said that he needed his cell phone and backpack which were still inside his car.
Officer Hasler retrieved the backpack and searched it for weapons. Inside the backpack, Officer Hasler saw two containers held together with a rubber band: a transparent Tupperware container that had green residue which Officer Hasler believed to be marijuana, and an opaque “wooden container that contained a smoking device that emitted burnt marijuana odor.” (Tr. p. 13).
Miller was arrested for possession of paraphernalia and the officers continued their inventory search of Miller's vehicle. Officer Hasler took Miller's car key to open the glove box in his car. Inside, a loaded handgun and a magazine containing 30 rounds of ammunition was found. Miller had a license to possess the handgun. Approximately 45 minutes to an hour elapsed from the beginning of the traffic stop to Miller's eventual booking at jail.
On January 10, 2011, the State filed an Information charging Miller with Count I, possession of paraphernalia, a Class A misdemeanor, Ind.Code § 35–48–4–8.3(a)(1). On November 7, 2011, Miller filed a motion to suppress the evidence, alleging violations of both the Fourth Amendment of the United States Constitution and Article 1, Section 11 of the Indiana Constitution. On February 13, 2012, a hearing was held with Officer Hasler and Miller providing testimony. The trial court took the matter under advisement. On February 21, 2012, Miller filed a brief in support of his motion to suppress.
On February 24, 2012, the Stated filed a motion to reopen evidence. The State alleged that Officer Hasler had additional testimony required to resolve an issue concerning the level of invasiveness of Officer Hasler's search of the backpack. On February 27, 2012, Miller opposed the State's motion alleging prejudice if the State was permitted to present additional evidence after Miller had filed his memorandum in support of his motion to dismiss. On March 15, 2012, the trial court held an additional hearing. Over objection, the State briefly examined Officer Hasler on his experience with marijuana smoking paraphernalia, particularly the paraphernalia found in Miller's backpack. Miller then extensively cross-examined Officer Miller on the paraphernalia, the inventory search, his questioning of Miller regarding weapons, and his experience with hidden weapons.
On August 8, 2012, the trial court issued its Order denying Miller's motion to suppress. On August 24, 2012, Miller filed a motion to correct error and on September 7, 2012, filed a motion to certify the trial court's Order for interlocutory appeal. On October 3, 2012, the trial court denied Miller's motion to correct error and certified its Order for interlocutory appeal. On December 14, 2012, we accepted interlocutory appeal.
Additional facts will be provided as necessary.
I. Motion to Suppress
Miller argues that the trial court abused its discretion by denying his motion to suppress. He contends that Officer Hasler's search of his backpack violated his rights under the Fourth Amendment of the United States Constitution. Specifically, he asserts that Officer Hasler's warrantless search of the backpack was not based on a reasonable suspicion of criminal activity or reasonable safety concerns. He also contends that the automobile exception to the Fourth Amendment does not apply.
We review a denial of a motion to suppress similar to other sufficiency matters. Dora v. State, 957 N.E.2d 1049, 1052 (Ind.Ct.App.2011), reh'g denied, trans. denied. We do not reweigh the evidence, but consider conflicting evidence in the light most favorable to the trial court's ruling. Id. Uncontested evidence, however, is viewed in favor of the defendant. Id.
The Fourth Amendment to the United States Constitution protects against unreasonable searches and seizures; its protections extend to the States through the Fourteenth Amendment. Id. Warrantless searches are generally prohibited under the Fourth Amendment. Berry v. State, 704 N.E.2d 462, 465 (Ind.1998). When a search is conducted without a warrant, the State has the burden of proving that an exception to the warrant requirement existed at the time of the search. Id.
In upholding the search of Miller's backpack, the trial court relied primarily upon the United States Supreme Court decision in Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), which permits a warrantless but “reasonable search for weapons for the protection of the police officer, where he has reason to believe that he is dealing with an armed and dangerous individual, regardless of whether he has probable cause to arrest the individual for a crime.” Id. at 27, 88 S.Ct. 1868. “The officer need not be absolutely certain that the individual is armed; rather, the issue is whether a reasonable prudent person in the circumstances would be warranted in the belief that his safety or that of others was in danger.” Id.
In Berry, a police officer found Berry sleeping under some bushes. Berry, 704 N.E.2d at 465. Berry was not under arrest nor considered dangerous. See id. After his story did not check out, the officer and Berry went to the officer's patrol car. Id. The officer picked up Berry's backpack, placed it on her patrol car, and heard a metallic sound. Id. at 465–66. The police officer searched both Berry and the backpack and found a handgun and ammunition. Id. at 466. The Berry court noted that, “circumstances that justify a Terry stop and search of a person for a weapon do not automatically justify examination of the contents of items carried by that person such as purses, backpacks or briefcases.” Berry, 704 N.E.2d at 465. However, “where either the suspicion that criminal activity may be afoot or a concern over the possibility of harm is reasonably heightened during the stop, the police are authorized to search such items within the suspicious person's immediate control.” Id. at 466.
The Berry court relied on Owens v. State, 497 N.E.2d 230, 232 (Ind.1986), to uphold the search. In Owens, police stopped Owens based on a description of a robbery suspect. Id. at 231. After his story did not check out, an officer placed Owens' bag on the patrol car and heard a metallic sound. Id. A subsequent patdown and search of the bag revealed a sawed-off shotgun. Id. The distinguishing feature in both cases was that the police could point to an articulable fact in support of “a concern over the possibility of harm [being] reasonably heightened during the stop.” Berry, 704 N.E.2d at 466.
Because Officer Hasler did not point to articulable facts supporting either a suspicion of criminal activity or a concern over the possibility of harm, we conclude that Officer Hasler's search of Miller's backpack was impermissible under the Fourth Amendment. Miller was initially detained by Officer Hasler for driving with an expired license plate registration sticker. Due to Miller's unusual behavior, he was restrained and frisked for weapons by Officer Hasler. After Miller refused to consent to a search of his vehicle, Miller's vehicle was to be inventoried and towed pursuant to Bloomington...
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