Legal Opinion

Lockett v. State

Indiana Court of Appeals

Decided December 20, 1999No. 02A03-9905-CR-184PublishedCited by 5 opinions

1Opinion of the Court

OPINION

KIRSCH, Judge

In this interlocutory appeal, Geoffrey Lockett challenges the trial court’s denial of his motion to suppress evidence obtained by the State as the result of a warrantless search of the vehicle in which he was driving. Lockett raises the following issue for our review: whether a police officer may routinely ask a driver legitimately stopped for a traffic violation if he has a weapon in the vehicle or on his person. We hold that a police officer may not as a matter of routine practice make this inquiry.

We reverse.

FACTS AND PROCEDURAL HISTORY 1

In the early morning hours of…

2Cases cited35 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Ornelas v. United StatesSupreme Court of the United States · 1996
  3. Berkemer v. McCartySupreme Court of the United States · 1984
  4. Michigan v. LongSupreme Court of the United States · 1983
  5. Warden, Maryland Penitentiary v. HaydenSupreme Court of the United States · 1967

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3Cited by5 opinions

  1. Ransom v. StateIndiana Court of Appeals · 2000
  2. Turner v. Sheriff of Marion CountyDistrict Court, S.D. Indiana · 2000
  3. State v. BulingtonIndiana Court of Appeals · 2003
  4. Lockett v. StateIndiana Supreme Court · 2001
  5. State v. BulingtonIndiana Court of Appeals · 2003

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