« Ind. Decisions - Transfer list for week ending July 8, 2011 | Main | Ind. Decisions - Court of Appeals issues 0 today (and 1 NFP) »

Monday, July 11, 2011

Ind. Decisions - Supreme Court decides one today

In Cedric Lewis v. State of Indiana, a 5-page, 5-0 opinion, Chief Justice Shepard writes:

Appellant Cedric Lewis was convicted of unlawful possession of a firearm by a serious violent felon. He challenges the admission of the handgun found in his car and the appropriateness of his sentence. We affirm, concluding that the gun in question was not the product of a search and that the sentence is appropriate. * * *

“A 'search' involves an exploratory investigation, prying into hidden places, or a looking for or seeking out.” * * *

[Officer] Joson needed to speak with the passenger and lowered his head down to her level. This is a perfectly reasonable thing to do when speaking with someone in a car. In the process, he saw a gun that was plainly visible between the driver‟s seat and center console. As in Avant, Joson did not open any compartments, move any objects, or pull back anything to see the gun. It was just there.

Posted by Marcia Oddi on July 11, 2011 12:14 PM
Posted to Ind. Sup.Ct. Decisions