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Glasgow v. State

Court of Appeals of Indiana

March 29, 2018

Daniel J. Glasgow, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

          Appeal 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

         Statement of the Case

         [¶1] 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.[1]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.

         Issue

         [¶2] Glasgow raises one issue for review, which we restate as whether the trial court abused its discretion in admitting the syringe into evidence.

         Facts 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.

         [¶4] 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.[2]

         [¶5] 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.

         [¶6] 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 interactions.

         [¶7] 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.

         [¶8] 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 ...


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