Pearson v. State, No. 87A04-0702-CR-93.

• Docket Nº: No. 87A04-0702-CR-93.
• Citation: 870 N.E.2d 1061
• Case Date: July 31, 2007
• Court: Court of Appeals of Indiana

870 N.E.2d 1061 Gary W. PEARSON, Appellant-Defendant,
v.
STATE of Indiana, Appellee. No. 87A04-0702-CR-93. Court of Appeals of Indiana. July 31, 2007.

[870 N.E.2d 1062]

Brett M. Roy, Roy Law Office, Boonville, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Richard C. Webster, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

SULLIVAN, Judge.

Following a bench trial, Appellant, Gary W. Pearson, was convicted of Possession of Methamphetamine as a Class A misdemeanor,¹ Possession of Marijuana as a Class A misdemeanor,² and Failure to Use Front Seat Belt, a Class D infraction.³

870 N.E.2d 1063

Upon appeal, Pearson presents two issues for our review, which we consolidate and restate as whether the trial court abused its discretion in admitting evidence seized from his person during a traffic stop for his failure to wear a seatbelt.

We reverse and remand.

The facts most favorable to the convictions reveal that on September 9, 2004, Officer Matt Hastings of the Chandler Police Department observed Pearson⁴ driving a vehicle without a seatbelt, thus prompting him to initiate a traffic stop. Upon approaching the vehicle, Officer Hastings observed that Pearson was now wearing his seatbelt. Officer Hastings ordered Pearson out of the car so he could conduct a pat-down search for weapons, believing such was necessary out of concern for his own safety given his knowledge of prior incidents during which Pearson had been violent.⁵ While performing the pat-down search of Pearson, Officer Hastings asked Pearson if he had anything on his person of which he should be aware, and Pearson responded that he had marijuana in a pants pocket. Officer Hastings then retrieved the marijuana⁶ from Pearson and placed him in custody. Officer Hastings then finished the search of Pearson's person and also conducted a search of Pearson's car. Officer Hastings found in a different pants pocket a white paper sleeve and foil containing a white powder residue, which was later determined to contain methamphetamine.⁷ At some point during the traffic stop, Officer Hastings obtained Pearson's driver's license in order to check its status.⁸ The record search revealed that Pearson's license had been suspended.

On September 27, 2004, the State charged Pearson with possession of methamphetamine as a Class D felony, possession of marijuana as a Class A misdemeanor, possession of paraphernalia as a Class A misdemeanor, driving while suspended as a Class A infraction, failure to use a seat belt as a Class D infraction, and possession of paraphernalia with a prior conviction as a Class D felony. On February 14, 2005, Pearson moved to suppress the evidence obtained during the pat-down search, claiming the search was illegal because Officer Hastings had no reasonable suspicion that he was armed and dangerous. The trial court held a hearing on Pearson's motion to suppress on April 18,

870 N.E.2d 1064

2005.⁹ On May 2, 2005, the trial court denied Pearson's motion. Pearson filed a petition requesting that the matter be certified for interlocutory appeal, which petition the trial court granted. On August 26, 2005, this court denied Pearson's request that we accept jurisdiction over his interlocutory appeal.

Proceedings in the trial court resumed, and the matter proceeded to a bench trial on November 21, 2005. At the conclusion of the evidence, the trial court found Pearson guilty of possession of methamphetamine, possession of marijuana, and failure to use a seatbelt.¹⁰ On November 6, 2006, the trial court entered convictions for possession of methamphetamine as a Class A misdemeanor,¹¹ possession of marijuana as a Class A misdemeanor, and failure to use a seatbelt as a Class D infraction. The trial court then sentenced Pearson to one year on both possession offenses, with six months suspended and six months to be served in a work-release program.¹² Pearson filed his notice of appeal on November 17, 2006.

Upon appeal, Pearson argues both that the trial court abused its discretion in denying his motion to suppress and in overruling his objections to the admission of evidence during the bench trial. Because Pearson appeals following a bench trial, our review upon appeal is with regard to the admission of evidence. See Washington v. State, 784 N.E.2d 584, 586 (Ind.Ct. App.2003). The admission of evidence is within the broad discretion of the trial court. Id. at 587. Accordingly, we will reverse a trial court's ruling on the admissibility of evidence only if the trial court abused its discretion. Id. An abuse of discretion will be found if the decision is clearly against the logic and effect of the facts and circumstances before the court. Id.

Here, Pearson does not challenge the propriety of the initial traffic stop. Rather, Pearson argues that Officer Hastings' pat-down search for weapons during a traffic stop based solely upon a seatbelt violation was in violation of Indiana Code § 9-19-10-3 (Burns Code Ed. Repl.2004). The State responds, arguing that the limited pat-down search for weapons was proper because Officer Hastings, based upon his knowledge of prior incidents involving Pearson, had a reasonable belief that Pearson may be armed and dangerous. The State further argues that the contraband was not found as a result of the pat-down search, but rather, when Pearson admitted to his possession of marijuana when asked by Officer Hastings if he had anything on his person of which Officer Hastings should be made aware.

Indiana Code § 9-19-10-3, also known as the Seatbelt Enforcement Act, provides that "[a] vehicle may be stopped to determine compliance with this chapter. However, a vehicle, the contents of a vehicle, the driver of a vehicle, or a passenger in a vehicle may not be inspected, searched, or detained solely because of a violation of this chapter." In Baldwin v. Reagan, 715

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N.E.2d 332, 337 (Ind.1999), our Supreme Court addressed the constitutionality of I.C. § 9-19-10-3 and concluded that the statute could be constitutionally applied because under Article 1, Section 11 of the Indiana Constitution law enforcement officers may stop motorists only where they have reasonable suspicion that a seatbelt violation has occurred. In other words, the Court held that police may initiate a traffic stop based upon reasonable suspicion that the occupants in the front seat of a vehicle are not wearing seatbelts. Id.

In Trigg v. State, 725 N.E.2d 446, 448 (Ind.Ct.App.2000), this court clarified that I.C. § 9-19-10-3 should not be read to prohibit police from performing a limited search for weapons for officer safety. The court noted that a limited search for weapons would be "the result of actions or behavior on the part of the defendant after the initial stop that lead a police officer to fear for his safety." Id. at 448 (emphasis supplied). See also State v. Morris, 732 N.E.2d 224 (Ind.Ct.App.2000). The court reasoned that under such circumstances, a limited search for weapons after a stop under the Seatbelt Enforcement Act is not a search "solely because of a violation" of the seatbelt law. Trigg, 725 N.E.2d at 448. The search is not to discover evidence of a crime, but to permit the officer to pursue the investigation without fear for his safety and that of others. Id. at 449. So long as circumstances exist over and above the seatbelt violation itself, a limited search for weapons is not prohibited by I.C. § 9-19-10-3. Id.

In such cases, the issue becomes whether a limited weapons search was proper. We begin by noting that the Fourth Amendment guarantees people the right to be free from unreasonable searches and seizures. Article 1, Section 11 of the Indiana Constitution also serves the purpose of protecting citizens of this State from unreasonable police activity in those areas of life which Hoosiers regard as private. Brown v. State, 653 N.E.2d 77, 79 (Ind.1995). Our Supreme Court has acknowledged that "Hoosiers regard their automobiles as private and cannot easily abide their uninvited intrusion." Id. at 80.

In deciding whether a pat-down search for weapons was proper, we consider whether the facts available to the officer at the moment of the search would warrant a person of reasonable caution in believing the action taken was appropriate. Trigg, 725 N.E.2d at 449. An officer may conduct a limited search for weapons only when he has a reasonable belief that the suspect is armed and dangerous. Id. In other words, an officer may...