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  5. Breaking News, What You Need To Know: Court Of Appeals Reverses Gun Conviction Due To Improper Police Search

Breaking News, What You Need To Know: Court Of Appeals Reverses Gun Conviction Due To Improper Police Search

On Behalf of Dixon & Moseley, P.C. | Aug 9, 2019 | Appellate Practice, Indiana Court of Appeals

The Fourth Amendment of the United States Constitution protects individuals from random police searches. The United States Supreme Court has found that, implicit within the Fourth Amendment is a preference for a valid warrant before conducting a search. Specifically, the Supreme Court has stated that “searches conducted outside the judicial process . . . are per se unreasonable under the Fourth Amendment – subject only to a few . . . exceptions.”1 Therefore, if a police officer conducts a search without a warrant, it must be pursuant to a well-established exception. One such exception is a vehicle inventory search. An inventory search can occur with impoundment of a motor vehicle. This exception as analyzed in this blog, however, is not always valid as the Court of Appeals pointed out in their recent decision of Smith v. State.2

In Smith, the Court of Appeals reversed a conviction for carrying a handgun without a license after the Court determined that the search did not meet the requirements for a valid inventory search. The relevant facts are as follows: The Defendant, Carl Smith, was pulled over after committing several traffic infractions. Once pulled over, the Officer asked Smith for his driver’s license. Smith then admitted that he did not have a driver’s license, and upon further inquiry by the Officer, it was determined that Smith’s license had been suspended. Smith was then placed in handcuffs, and the Officer began filling out paperwork to arrest Smith for driving with a suspended license. While the Officer was filling out the paperwork, two other officers arrived on the scene and conducted a search of Smith’s vehicle. Upon searching the vehicle, a handgun was found in the glove compartment of the car. At some point after the gun was found, an acquaintance of Smith, who had a valid driver’s license, arrived and was permitted to drive the car to Smith’s residence. Smith was charged with carrying a handgun without a license, as well as driving with a suspended license. At trial, Smith moved to suppress evidence of the handgun, arguing that the search was unconstitutional. The State argued that the search was constitutional pursuant to a valid inventory search. The trial court sided with the State and denied the motion to suppress. Smith was convicted of both counts.

On appeal, Smith argued that the search was unconstitutional, and as such, his motion to suppress should have been granted. The Court began their analysis by stating that the “question in determining the validity of an inventory search is proper impoundment, and impoundment is reasonable if authorized by statute or the police’s discretionary community-caretaking function.” Both parties agreed that the search was not conducted pursuant to any statutory authority, and therefore, the Court focused on whether the search was consistent with the police’s community-caretaking function. The Court concluded that the State failed to establish that the decision to impound Smith’s vehicle was routine department conduct. In reaching this conclusion, the Court noted that “while we do not require evidence of a department’s written procedure, we do require more than conclusory testimony from an officer.” As such, given the conclusory nature of the Officer’s testimony, without additional evidence, was insufficient to meet the inventory search exception. Therefore, the Court reversed Smith’s handgun conviction.

This area of law is extremely technical, while also having the potential to completely change the course of your life. An individual who is unaware of their rights may have them violated without even knowing leading to a negative result for you, such as arrest, conviction and incarceration. The importance of understanding the status of developments in the law is the key to avoiding criminal liability, as well as being an engaged citizen in our participatory system of government. This blog post on a key new case was written by attorneys at Dixon & Moseley, P.C. who handle criminal defense cases and appeals of criminal convictions throughout the state. Knowing the law is a key to be an engaged citizen. Having criminal defense counsel current on the latest developments in law provides you with the best criminal defense. This blog is written for educational purposes only. It is not intended as legal advice or a solicitation for services. It is an advertisement.

  • See generally, Mincey v. Arizona, 437 U.S. 385 (1978)
  • Carl Smith v. State of Indiana, 18A-CR-3009 (Ind. Ct. App. 2019).
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    How Many Days Do You Have to Appeal in Indiana? (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

    An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

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    On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

    A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

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    On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

    When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

    When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

    Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

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    On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

    An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

    Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

    On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

    In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

    How to Preserve Error for Appeal in Indiana

    On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

    Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

    Can a mother legally deny parenting time to an unmarried father?

    On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

    The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

    What Happens to the House in an Indiana Divorce?

    On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

    Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

    How Indiana Courts Divide Retirement Accounts in Divorce

    On Behalf of Dixon & Moseley, P.C. | Apr 21, 2026 | Uncategorized

    Retirement accounts are generally considered marital property to the extent that were earned during marriage. Although retirement funds that accumulated before the marriage are not automatically excluded from the marital property, they can affect how the marital property is divided. 401(k)s and employer-sponsored retirement plans are divided using a Qualified Domestic Relations Order (QDRO), which is a court order directing…

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    • How Many Days Do You Have to Appeal in Indiana? (2026)
    • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
    • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
    • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)
    • Failure to Object: When Is an Issue Waived?

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