Kenneth Davis v. State

| May 17, 2019 | Firm News

Ind.Ct.App., 5/9/19, slip op. at https://www.in.gov/judiciary/opinions/pdf/05091902nhv.pdf

  • Search of vehicle and seizure of handgun AFFIRMED. Davis was pulled over for failing to signal. Davis told the officer that he did not have paperwork for the truck because he was in the process of buying it. Officer did a records check and discovered that the truck was registered to another person and that Davis’ driver’s license was suspended. Officer ordered Davis out of the truck and asked if there were any weapons. Davis told the officer yes. Officer placed Davis in handcuffs and took him to the rear of the truck. When backup arrived, the officer searched the truck and found a handgun on the front passenger seat under a pile of clothes. COA held that the search was justified under Michigan v. Long, which permits vehicle searches when officers believe a suspect is dangerous and may gain immediate control of weapons.
  • Infraction for driving while suspended reversed. State did not admit certified copy of Davis’ BMV record. Officer’s testimony that the BMV record indicated that Davis’ license was suspended was not offered for the truth of the matter asserted.