March 05, 2004

Indiana Decisions - Court of Appeals Ruling on Searches During Seat Belt Stops

The Indianapolis Star website today is posting an AP story headlined "Court: No searches with seat belt stop."

Police who stop drivers for seat belt violations cannot legally ask to search their cars if they see no evidence of other crimes, the Indiana Court of Appeals ruled. Officers may not search vehicles in such cases -- even if drivers give their permission -- without violating the state Constitution, a three-judge panel unanimously ruled Wednesday.
The decision referred to is James E. Clark v. State of Indiana (3/3/04 IndCtApp), posted and summarized on the Indiana Law Blog on Wednesday. Access the ILB writeup here, or simply scroll down to the 3/3/04 entries.

Posted by Marcia Oddi at March 5, 2004 02:10 PM