State of Indiana v. Lawrence Lucas
State of Indiana v. Lawrence Lucas
Opinion
*728 STATEMENT OF THE CASE
[1] Appellant-Plaintiff, State of Indiana (State), appeals the trial court's suppression of evidence obtained after a search of the home and garage of Appellee-Defendant, Lawrence Lucas (Lucas).
[2] We reverse and remand for further proceedings.
ISSUE
[3] The State presents one issue, which we restate as: Whether the trial court's grant of Lucas' motion to suppress is contrary to law.
[4] On the morning of May 11, 2016, Sergeant Matthew Gard (Sergeant Gard) of the Lafayette Police Department took a report from Bernard Brooks (Brooks) regarding an assault and theft. Brooks had been fighting with Lucas' mother, Anita, the previous evening and had gone to Lucas' home to sleep. Brooks fell asleep on Lucas' floor, only to be awakened by Anita hitting him on the head with an aluminum baseball bat and by Lucas' sister, Sharmeka, hitting him with her fists. Brooks was injured in the fracas and fled the home, leaving behind a jacket and a hat. Brooks also reported to Sergeant Gard that Anita and Sharmeka had taken his cell phone and $60 from his pocket.
[5] Based on Brooks' report, Sergeant Gard procured a search warrant for Lucas' home which provided for a search in relevant part as follows:
A yellow two story home with an attached two car garage with brick siding on the first level and yellow siding on the second floor, located at 3023 Yorktown Court, Lafayette, Indiana[,]
and to diligently search for, seize and forensically examine:
Clothing, [a] baseball bat, a cellular phone, U.S. currency, blood evidence or any evidence relating to an assault and/or theft occurring with said residence.
(Appellant's Appendix Vol. II, p. 42).
[6] Upon executing the search warrant, Sergeant Gard found blood about the home and a bloody baseball bat which matched the description Brooks had given him in the kitchen. While searching, Sergeant Gard went through a door located in the living room and into the attached garage. A black vehicle was parked inside the garage. Next to the vehicle on the ground, Sergeant Gard found a bloodied jacket matching the description of Brooks' jacket. Sergeant Gard looked inside the black vehicle and saw a large mound in the back seat which had been covered by a blanket. Sergeant Gard was concerned that objects could be concealed under the blanket, so he reached inside one of the vehicle's partially-opened windows and moved the blanket, revealing a large paper bag containing what Sergeant Gard suspected through his training and experience was synthetic marijuana.
[7] Based on the discovery of the suspected synthetic marijuana, as well as a safe, "shake" on the garage floor, and a large cardboard box in the garage which bore the label "California Herb Company," Sergeant Gard stopped his search and procured a second search warrant authorizing a search of the home and the black vehicle for evidence of narcotics activity. (Transcript Vol. II, p. 15). That search yielded additional evidence.
[8] On April 20, 2017, the State filed an Information charging Lucas with one Count of unlawful possession of a firearm by a serious violent felon, a Level 4 felony; one Count of dealing in a *729 synthetic drug or synthetic drug lookalike substance, a Level 6 felony; one Count of possession of a synthetic drug or synthetic drug lookalike substance, a Class A misdemeanor; and one Count of maintaining a common nuisance, a Level 6 felony.
[9] On October 16, 2017, Lucas filed a motion to suppress in which he argued that the evidence procured from the search exceeded the scope of the warrant because "there was only bare speculation by Officer Gard regarding what was under the blanket." (Appellant's App. Vol. II, p. 56). On November 27, 2017, the trial court held a hearing on Lucas' motion. On December 20, 2017, the trial court entered its order granting Lucas' motion to suppress, ruling in relevant part "that the officer's entry into the vehicle and moving of the blanket exceeded the scope of the warrant and all evidence seized as a result of said action is suppressed." (Appellant's App. Vol. II, p. 62).
[10] The State now appeals. Additional facts will be added as necessary.
DISCUSSION AND DECISION
[11] We begin by noting that Lucas did not file a brief responding to the State's appeal. As such, the State need only establish
prima facie
error to merit reversal of the trial court's ruling in Lucas' favor.
State v. Costas
,
[12] Lucas argued before the trial court that the search of the black vehicle exceeded the scope of the warrant because Sergeant Gard's act of moving the blanket in the vehicle was an extension of the warrant to a place where none of the objects listed in the warrant could have been found. Lucas contended that Sergeant Gard could only speculate what was under the blanket, and, therefore, his act of moving the blanket was unreasonable. The State counters that the search warrant permitted a search of the garage and that, therefore, any containers, including the black vehicle located there, were also searchable under the parameters of the warrant.
[13] The Fourth Amendment to the United States Constitution
1
requires that a search warrant describe with specificity the place to be searched and the items sought.
Griffith v. State
,
A lawful search of fixed premises generally extends to the entire area in which the object of the search may be found and is not limited by the possibility that separate acts of entry or opening may be required to complete the search.
*730 Thus, a warrant that authorizes an officer to search a home for illegal weapons also provides authority to open closets, chests, drawers, and containers in which the weapon might be found .... When a legitimate search is under way, and when its purpose and its limits have been precisely defined, nice distinctions between closets, drawers, and containers, in the case of a home, or between glove compartments, upholstered seats, trunks, and wrapped packages, in the case of a vehicle, must give way to the interest in the prompt and efficient completion of the task at hand.
United States v. Ross
,
[14] The State draws our attention to
United States v. Percival
,
[15] In rejecting that argument, the
Percival
court noted that while a vehicle is less fixed than a closet or cabinet, it is "no less fixed than a suitcase or handbag found on the premises, both of which can readily be searched under
Ross
if capable of containing the object of the search."
[16] We recognize that Hoosiers have a heightened expectation of privacy in their vehicles.
See
Brown v. State
,
[17] Here, Sergeant Gard procured a search warrant for Lucas' "two story home with an attached two car garage" to search for "[c]lothing, [a] baseball bat, a cellular phone, U.S. currency, blood evidence or any evidence relating to an assault and/or theft occurring with said residence." (Appellant's App. Vol. II, p. 42). When Sergeant
*731
Gard entered the garage, he had not yet located the cell phone or the $60 Brooks had reported stolen. Sergeant Gard was permitted to search the black vehicle and, in the process, to lift the blanket covering the large mound located in the back seat, because the vehicle and the mound were capable of containing those objects.
Ross
,
CONCLUSION
[18] Concluding that the search of the vehicle in Lucas' garage did not unconstitutionally exceed the scope of the search warrant, we reverse and remand for further proceedings consistent with this opinion.
[19] Reversed and remanded.
[20] Vaidik, C.J. and Kirsch, J. concur
We do not address whether the search at issue here was permitted under the Indiana Constitution, as Lucas did not develop a separate state constitutional analysis below, Lucas has not filed an appellate brief, the trial court did not specify the constitutional basis for its order granting Lucas' motion to suppress, and, on appeal, the State does not proffer any separate state constitutional analysis. (Appellant's Br. p. 14 n.1).
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