Amber R. Combs 1-16 Darden
(Judge Sherry L. Biddinger Gregg, Knox Superior Court, rvsd for denial of motion to suppress)
- Driving left of center, even if necessary to avoid parked cars, justifies a traffic stop based on the officer’s good faith belief of a traffic violation. It doesn’t matter that a real traffic infraction never happened, as long as the officer (reasonably) thought one did.
- Search of purse was outside the scope of inventory search of car, and was not justifiable as a search incident to arrest, since defendant couldn’t be arrested for three traffic infractions.
FACTS: On Valentine’s Day, 2005, Trooper Brent Clark saw Combs driving left of center on a street in Vincennes. Combs testified she was left of center because otherwise she would have hit cars parked on the right hand side of the street. Trpr Clark could not remember whether cars were parked on the side of the road that night. Combs pulled into a friend’s place after the trpr activated his lights. Combs had her two children in the back seat of the vehicle. Trpr Clark learned that Combs was suspended and had no insurance. The trpr then directed Combs to exit her vehicle, because he was going to tow it. She took her purse with her as she got out. The trpr told her she was not going to jail, and to put her purse on the trunk. He searched her purse and found two pipes, and a baggie corner with suspected meth residue. He searched the car and towed it. He wrote her a ticket for left of center and driving while suspended (two infractions). About two months later she was charged with possession of meth, and neglect of a dependent, both class D felonies. About two years later the trial court denied the defendant’s motion to suppress.
DISCUSSION:
LEFT OF CENTER:
IC 9-21-8-2(a): Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway except as follows:
- When overtaking and passing another vehicle proceeding in the same direction under the rules governing overtaking and passing.
- When the right half of a roadway is closed to traffic under construction or repair.
- Upon a roadway divided into three (3) marked lanes for traffic under the rules applicable to a roadway divided into three (3) marked lanes.
- Upon a roadway designated and signposted for one-way traffic.
In Ransom v State 741 N.E.2d 419, 421 (ia 2000), a car was stopped for driving in reverse, which is not unlawful. In Smith v State 713 N.E.2d 338 (ia 1999) the car color did not match the plate registration because the car had been painted. Both traffic stops were upheld even though no actual traffic infraction had occurred. Similarly here, even if there was no actual traffic violation for driving left of center, the officer’s good faith belief that there was a violation, saves the stop. So, even if there is no violation, the officer only has to imagine there is one, and if it looks reasonable, the stop will be just fine.
PURSE SEARCH –OUTSIDE THE SCOPE OF CAR INVENTORY
The trooper towed the vehicle due to three traffic infractions. They were driving while suspended, no insurance, and driving left of center. He wrote tickets and informed the driver she was not being arrested, since she could not be arrested for the infraction violations. He directed her to exit the car. She took her purse with her and did not abandon it in the car. The search of the purse was outside the scope of the valid inventory search. It can’t be justified under a search incident to arrest theory either, since no arrest is possible for infraction offenses.