Daniel J. Glasgow, Appellant-Defendant,
State of Indiana, Appellee-Plaintiff.
from the Lawrence Superior Court Trial Court Cause No.
47D02-1611-F6-1442. The Honorable William G. Sleva, Judge.
Attorney for Appellant Kristine Kohlmeier
Attorneys for Appellee Curtis T. Hill, Jr. Attorney General
of Indiana Caryn N. Szyper Deputy Attorney General
Sharpnack, Senior Judge
of the Case
Daniel Glasgow surrendered a syringe to a police officer in
response to a question posed prior to a patdown search for
weapons. He was charged with, among other things, Level 6
felony unlawful possession of a syringe.Following a bench
trial, he was found guilty. On appeal, he challenges the
admission of the syringe, contending that it was obtained as
the result of an unlawful search and seizure. Finding that
the trial court properly admitted the syringe, we affirm.
Glasgow raises one issue for review, which we restate as
whether the trial court abused its discretion in admitting
the syringe into evidence.
and Procedural History
[¶3] Around midnight on November 18,
2016, Officer Logan Smoot, who was assigned to the Lawrence
County Sheriff's Department, was driving north on State
Road 37 when he observed two vehicles parked one behind the
other on the shoulder. One of the vehicles had its flashers
on and appeared to be broken down. Glasgow and Gordon Hunt
were standing near the vehicles. Officer Smoot stopped behind
the vehicles and activated the emergency lights on his
mirrors to warn passing traffic. As the officer approached
Glasgow and Hunt on foot to offer his assistance, Glasgow
walked quickly toward the officer. The officer determined
that the rear vehicle belonged to Glasgow and that Hunt had
driven the other vehicle to the scene. Officer Smoot
recognized Glasgow from prior interactions but was not
familiar with Hunt.
Glasgow told Officer Smoot that he had a flat tire and that
Hunt had come to assist him. The officer then asked Glasgow
and Hunt for their driver's licenses. Glasgow did not
have a driver's license but provided the officer with an
identification card. Hunt did not have any form of
identification with him, so he provided his name and date of
birth. Officer Smoot contacted a police dispatcher and was
informed that both Glasgow and Hunt had suspended
driver's licenses. Officer Smoot also learned that
Glasgow's vehicle was uninsured and the license plate was
registered to another vehicle.
Instead of arresting the men, Officer Smoot asked Glasgow and
Hunt if they could arrange for a ride from someone and if
they needed a tow truck for the vehicles. Hunt contacted his
girlfriend to pick him up. Glasgow's cell phone battery
was too low to make a call.
Approximately five minutes after Officer Smoot arrived at the
scene, Officer Timothy Butcher, who was driving by on patrol,
stopped to see if Officer Smoot needed assistance. Officer
Butcher recognized both Glasgow and Hunt from previous
While the officers were waiting for Glasgow and Hunt to
arrange rides home, Officer Smoot stood and talked with
Glasgow near the open passenger side door of Hunt's
vehicle. Hunt stood near the open passenger side door of
Glasgow's car. Officer Butcher was standing near Hunt.
The open car door was between Hunt and Officer Butcher such
that the officer's view of Hunt was partially obstructed.
At some point, Officer Butcher saw Hunt bend down. Officer
Butcher asked Hunt what he was doing, and Hunt responded that
he was tying his shoe. Officer Butcher walked to the area
where Hunt had bent down and discovered a black jewelry box,
underneath a rock, about one and a half feet from the
vehicle's front tire. Officer Butcher opened the box and
saw a clear bag that contained a white powdery substance. He
believed the substance was heroin. Officer ...