Edwards v. State

ATTORNEY FOR APPELLANT

Jay T. Hirschauer
Cass County Public Defender
Logansport, Indiana




ATTORNEYS FOR APPELLEE

Steve Carter
Attorney General of Indiana

Joseph A. Samreta
Deputy Attorney General
Indianapolis, Indiana
__________________________________________________________________


                                   IN THE



                          SUPREME COURT OF INDIANA

__________________________________________________________________

MICHAEL S. EDWARDS,               )
                                  )
      Appellant (Defendant Below), )    Indiana Supreme Court
                                  )     Cause No. 09S02-0112-CR-649
            v.                    )
                                  )     Indiana Court of Appeals
STATE OF INDIANA,                 )     Cause No. 09A02-0009-CR-608
                                  )
      Appellee (Plaintiff Below).       )
__________________________________________________________________

                     APPEAL FROM THE CASS CIRCUIT COURT
                    The Honorable Julian L. Ridlen, Judge
                        Cause No. 09C01-0001-CF-00006
__________________________________________________________________


                           ON PETITION TO TRANSFER

__________________________________________________________________

                              December 18, 2001

BOEHM, Justice.

      We hold  that  routine,  warrantless  strip  searches  of  misdemeanor
arrestees, even when incident to lawful  arrests,  are  impermissible  under
the Indiana Constitution  and  the  United  States  Constitution,  and  that
before jail officials may conduct warrantless strip searches of  misdemeanor
arrestees detained awaiting the posting of bond, those officials  must  have
a  reasonable  suspicion  that  the  arrestee  is  concealing   weapons   or
contraband.

                      Factual and Procedural Background

      On January 29,  2000,  Logansport  police  officers  Fred  Rogers  and
Robert  Smith  stopped  a  maroon  station  wagon  that  was  being   driven
approximately ten miles per hour over the  speed  limit  on  a  snow-covered
road.  Smith approached the driver, Lawrence Walker, and  Rogers  approached
the passenger, Michael Edwards.  Smith asked Walker for identification,  and
Walker produced a learner’s permit with his  own  picture  but  bearing  the
name Michael Edwards.  Edwards in the meantime told  Rogers  that  his  name
was Michael Edwards and offered a pay stub with that name.
      When the officers returned to their squad  car  to  issue  a  speeding
citation, they realized that both men had given them the same name  and  the
same date of birth.  The officers confronted the two men, patted them  down,
and handcuffed them.  Edwards apologized for lying, explained that  the  pay
stub belonged to the driver, and identified himself first  as  Nigel  Smith,
then as Michael Smith.  He also gave the officers a second  date  of  birth,
and told them again that the driver’s name was Michael Edwards.
      Because neither man had a valid  driver’s  license,  and  because  the
officers could not verify the identity of either, the  officers  decided  to
transport both to the Logansport police station.  A search  of  the  station
wagon, which was  to  be  impounded,  revealed  no  weapons  or  contraband.
Walker was subsequently arrested for forgery based on presenting  the  false
learner’s permit.  He was taken  to  the  Cass  County  jail,  and  when  he
removed his left  boot  in  the  book-in  procedure,  a  small  plastic  bag
containing .14 grams of crack cocaine  was  discovered.   A  search  of  the
squad car  used  to  transport  Walker  to  the  jail  revealed  twenty-four
individually wrapped pieces of rock cocaine totaling 3.10 grams.
      While Walker was being transported to the jail, Rogers  and  Detective
Michael Clark continued to interview Edwards  at  the  police  station.   At
some point during that interview, Rogers placed Edwards  under  arrest,  but
the record is silent as to the reason for the arrest.  Edwards then  offered
to take the officers to his house to get his  birth  certificate  and  prove
his identity.  Clark agreed, as long as  Edwards  would  allow  officers  to
search his home.  Edwards relented, and three officers and a  police  canine
conducted the search.  The birth certificate was  recovered,  but  no  other
contraband was found.  Edwards, still under arrest, was then transported  to
the Cass County jail.
      Jail correctional officer Jerry Denny, who had been present  when  the
cocaine was discovered  in  Walker’s  boot,  conducted  a  strip  search  of
Edwards.  A plastic bag containing seven rocks  of  crack  cocaine  weighing
1.12 grams  was  discovered  between  Edwards’  buttocks,  and  Edwards  was
charged with possession of cocaine as a Class A  felony.   Edwards  filed  a
motion to  suppress  the  cocaine,  arguing  that  the  police  had  neither
probable cause to arrest him nor a valid search warrant,  so  the  jailhouse
strip search was unconstitutional.  The trial court denied the motion  after
a hearing.  Edwards then moved to set aside the order  denying  his  motion,
and also filed a motion to  dismiss  the  charges  because  of  insufficient
evidence.  The trial court denied both motions  and,  at  Edwards’  request,
certified an interlocutory appeal.  The Court of Appeals affirmed the  trial
court and this Court granted transfer.
                             Motion to Suppress
      Both the trial court and the Court of Appeals characterized the  strip
search of Edwards as a search incident to a lawful arrest.   We  agree  that
the police had probable cause to arrest Edwards and did so lawfully.[1]   We
also agree that a police officer may  conduct  a  warrantless  search  of  a
person if the search is incident  to  a  lawful  arrest.   See  Townsend  v.
State, 460 N.E.2d 139, 141 (Ind. 1984).  In such situations, the search  and
the arrest must be “substantially contemporaneous,” and the search  must  be
confined to the immediate vicinity of the arrest.  Id.  The  requirement  of
a contemporaneous search has been interpreted liberally, however,  and  this
Court has validated searches that do not occur until  the  arrestee  arrives
at a law enforcement facility, as long as the items searched are  “found  on
the person of an arrestee” or are “immediately associated with his  person.”
 Chambers v. State, 422 N.E.2d 1198, 1203  (Ind.  1981).   Thus,  the  trial
court and the Court of Appeals correctly concluded that the strip search  of
Edwards could be evaluated as one incident to a lawful arrest.
      Both our cases and  those  of  the  federal  courts  place  limits  on
searches incident to an arrest.  The United States Supreme  Court  has  held
that once a lawful arrest has been made, authorities  may  conduct  a  “full
search” of the arrestee for weapons or concealed  evidence.   United  States
v. Robinson, 414 U.S. 218, 235 (1973).  No  additional  probable  cause  for
the search is required, and the search incident to arrest  may  “‘involve  a
relatively extensive exploration of  the  person.’”   Id.  at  227  (quoting
Terry v. Ohio, 392 U.S. 1, 25 (1968)).  Nonetheless, such a search would  be
unreasonable, and therefore a violation of the  Fourth  Amendment  standard,
if it were “extreme or patently  abusive.”   Id.  at  236.   In  this  case,
Edwards was strip-searched when he was processed into the Cass  County  jail
several hours after his arrest.  At that point Edwards had not been  charged
with any criminal activity, and the possible charges he faced were  all  for
nonviolent  misdemeanor  offenses.   We  do  not   believe   that   routine,
warrantless strip searches of misdemeanor arrestees, even when  incident  to
lawful arrests, are reasonable as both Article I, Section 11  of  our  state
constitution and the Fourth Amendment to the federal  constitution  require.
There may be misdemeanor charges for which  a  body  search  is  appropriate
because of the reasonable likelihood of discovery  of  evidence,  but  false
informing, without more, is certainly not such a crime.  Nor,  as  explained
below, does the possible  discovery  of  weapons  or  contraband  justify  a
search of every incarcerated person.  For these reasons, we  grant  transfer
to make clear we do not agree with the Court of Appeals  to  the  extent  it
implied that as a general proposition a routine,  warrantless  strip  search
incident to a lawful misdemeanor arrest is reasonable.
      We are unable to determine on  this  record  whether  the  search  was
justified by a concern that weapons or contraband might be  introduced  into
the jail.  In Mary Beth G. v. City of Chicago,  723  F.2d  1263,  1273  (7th
Cir. 1983), the Seventh Circuit Court  of  Appeals  held  that  before  jail
officials may conduct warrantless strip searches  of  misdemeanor  arrestees
detained  awaiting  the  posting  of  bond,  those  officials  must  have  a
reasonable  suspicion  that  the  arrestees  are   concealing   weapons   or
contraband.  That decision ruled on a point of  federal  constitutional  law
and found the search to violate the Fourth Amendment’s ban  on  unreasonable
searches and seizures.  We assume Mary Beth G. was correctly  decided  under
the Fourth Amendment,  but  reach  the  same  conclusion  under  Article  I,
Section 11  of  the  Indiana  Constitution.   To  the  extent  a  search  is
conducted on  the  basis  of  jail  security,  the  indignity  and  personal
invasion necessarily accompanying a strip search is  simply  not  reasonable
without  the  reasonable  suspicion  that  weapons  or  contraband  may   be
introduced into the jail.  The dissenting opinion from the Court of  Appeals
would require that the reasonable suspicion be connected to the offense  for
which the individual was arrested.  Edwards v. State, 750  N.E.2d  377,  383
(Ind. Ct. App. 2001).  We do not believe the  suspicion  need  be  based  on
that offense.  Some offenses inherently give rise to a reasonable  suspicion
that a suspect possesses weapons or contraband.   But  irrespective  of  the
offense, the circumstances surrounding the arrest, rather than  the  offense
itself, may give rise to a reasonable suspicion, and if  so  the  search  is
justified.
      The strip search  of  Edwards  was  appropriate  if  the  correctional
officer who  conducted  it  had  a  reasonable  suspicion,  based  upon  the
totality of the circumstances surrounding Edwards’ arrest, that Edwards  was
concealing weapons or contraband.  If a warrantless  search  or  seizure  is
conducted, however, the State bears the burden of proving  that  the  search
or seizure falls within one of the well-delineated exceptions  to  the  rule
making such  searches  per  se  unreasonable  under  the  Fourth  Amendment.
Middleton v. State, 714 N.E.2d 1099, 1101 (Ind.  1999).   The  same  applies
under Article I, Section 11 of the Indiana Constitution.  State v.  Friedel,
714 N.E.2d 1231, 1243 (Ind. Ct. App. 1999).  Our review of the denial  of  a
motion to suppress is similar to  other  sufficiency  matters.   Goodner  v.
State,  714  N.E.2d  638,  641  (Ind.  1999).   The  record  must   disclose
substantial evidence of probative value  that  supports  the  trial  court’s
decision.  Id.  We do not reweigh the evidence and we  consider  conflicting
evidence most favorably to the trial court’s ruling.  Id.
      Here,  it  is  clear  that  Denny  was  present  when  contraband  was
discovered on Edwards’ cohort, Walker.  However,  the  scant  record  before
this Court includes no testimony from Denny or other jail personnel, and  it
is not clear whether Denny entertained a reasonable suspicion that  a  strip
search of Edwards would reveal more contraband, or  whether  he  was  merely
following a routine that dictated an improper, warrantless strip  search  of
every misdemeanor arrestee.  Because the State did not carry its  burden  of
proving that  the  warrantless  strip  search  of  Edwards  fell  within  an
exception to the warrant requirement, Edwards’  motion  to  suppress  should
have been granted.
                                 Conclusion
      We summarily affirm the other findings of the  Court  of  Appeals  and
remand this action to the trial court for proceedings consistent  with  this
opinion.

      SHEPARD, C.J., and DICKSON, SULLIVAN, and RUCKER, JJ., concur.
-----------------------
[1] As explained above, the record is silent as to the reason  for  Edwards’
arrest.  Possible charges against Edwards  include  false  informing  and/or
permitting the unlawful use of his identification card by  Walker,  both  of
which are misdemeanor offenses.  See Ind. Code §§ 35-44-2-2(c) and  9-24-16-
12 (1998).