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IN: Asking motorist about a suspicious bulge in pocket after a seatbelt stop exceed police statutory authority

By John Wesley Hall, Jr.

Indiana’s seatbelt enforcement statute limits the authority of officers to search after a stop for violation of the statute. “Indiana Code section 9-19-10-3.1, also known as the Seatbelt Enforcement Act (‘Act’), provides that ‘a vehicle may be stopped to determine compliance with this chapter. However, a vehicle, the contents of a vehicle, the driver of a vehicle, or a passenger in a vehicle may not be inspected, searched, or detained solely because of a violation of this chapter.’” The officer noticed a “suspicious bulge” in defendant’s pocket and asked about it. This exceeded the statute, and the constitutional question did not have to be decided. State v. Richardson, 2010 Ind. LEXIS 380 (June 3, 2010): Here, Officer Eastwood initiated a traffic stop solely under the Act after she observed Richardson driving without wearing a seat belt...continue to full post

Full post as published by Fourth Amendment on June 07, 2010 (boomark / email).