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IN: SI of car for no DL was unreasonable

By John Wesley Hall, Jr.

Search incident of a car for failure to produce identification was unreasonable under the Indiana Constitution. Chest v. State, 2009 Ind. App. Unpub. LEXIS 2157 (December 23, 2009), The Publication Status of this Document has been Changed by the Court from Unpublished to Published January 12, 2010, reported at Chest v. State, 2009 Ind. App. LEXIS 2871 (Ind. Ct. App., Dec. 23, 2009), ordered published by Chest v. State, 2010 Ind. App. LEXIS 13 (Ind. Ct. App., Jan. 12, 2010) [Note: The Lexis cites are a three word summary or nothing at all; the link in the case name is to the court's website]: Officer Reynolds testified he conducted the search incident to Chest’s arrest, seeking Chest’s driver’s license or other ID. Historically, there are two rationales for the search incident to arrest exception to the warrant requirement: 1) “the need to disarm the suspect” or officer safety; and 2) “the need to preserve evidence for later use at trial...continue to full post

Full post as published by Fourth Amendment on January 23, 2010 (boomark / email).