Opinion
Court of Appeals Case No. 23A-CR-394
11-30-2023
Anthony Eugene CARTER, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.
Attorney for Appellant: Brian A. Karie, Ball Eggleston, PC, Lafayette, Indiana Attorneys for Appellee: Theodore E. Rokita, Attorney General of Indiana, Sierra A. Murray, Deputy Attorney General, Indianapolis, Indiana
Appeal from the Marion Superior Court, The Honorable Mark Stoner, Judge, The Honorable Andrew Borland, Magistrate, Trial Court Cause No. 49D32-2106-F2-18965
Attorney for Appellant: Brian A. Karie, Ball Eggleston, PC, Lafayette, Indiana
Attorneys for Appellee: Theodore E. Rokita, Attorney General of Indiana, Sierra A. Murray, Deputy Attorney General, Indianapolis, Indiana
Riley, Judge.
STATEMENT OF THE CASE
[1] Appellant-Defendant, Anthony Eugene Carter (Carter), appeals his conviction for dealing in cocaine, a Level 2 felony, Ind. Code § 35-48-4-1(a)(2).
[2] We affirm.
ISSUE
[3] Carter presents this court with one issue on appeal, which we restate as: Whether the warrantless search of Carter’s purse violated his rights under Article 1, Section 11 of the Indiana Constitution.
FACTS AND PROCEDURAL HISTORY
[4] On June 19, 2021, around 11:00 p.m., Carter crashed while riding a motorcycle near the intersection of 30th Street and Arlington Street in Indianapolis, Indiana. Marion County Sheriff’s Deputy Christian Schloegel (Deputy Schloegel) was the first to arrive on the scene. Carter was sitting in the street, had a large bump on his head, and was clutching a brown purse to his chest. Deputy Schloegel helped Carter move off the road into a grassy area. Indianapolis Metropolitan Police Officer Elizabeth Flatter (Officer Flatter) was next to arrive. She acquired Carter’s driver’s license for identification, and she further discovered that Carter’s license was suspended and that he did not have an en- dorsement to ride a motorcycle. Officer Flatter decided not to arrest Carter at this time because he had extensive head injuries which necessitated medical attention.
[5] While Officer Flatter investigated Carter’s license status, an ambulance arrived on the scene and Carter was placed inside, together with his brown purse. Outside, Officer Flatter noticed a broken bracelet near Carter’s motorcycle. Believing that it belonged to Carter, Officer Flatter picked it up and walked to the ambulance to return it to Carter. After entering the ambulance, Officer Flatter asked if Carter wanted the bracelet, to which Carter "said yes and reached for it." (Transcript Vol. II, p. 100). Because the bracelet was broken and Carter was on the gurney, Officer Flatter suggested "to wrap it up inside [her] glove that way all the beads stayed together[.]" (Tr. Vol. II, p. 100). Officer Flatter offered to "drop it in the bag for him and he nodded his head as if that was okay." (Tr. Vol. II, p. 100). "The bag was already on the bench in the ambulance. It was already open. [Officer Flatter] didn’t touch it." (Tr. Vol. II, p. 100). When Officer Flatter dropped the bracelet in the brown purse, she observed "what [she] recognized to be a firearm" inside the purse. (Tr. Vol. II, p. 60). Officer Flatter remained silent about the firearm at first because Carter was being treated for his injuries and she did not want him to react, as she needed to ask him questions about the crash.
[6] When Officer Flatter exited the ambulance, she requested to see the purse. She found the handgun in the purse and took possession of it because weapons are not allowed to be transported in an ambulance. In accordance with the Indianapolis Emergency Medical Services policy, "[p]atients shall not be allowed to retain a weapon in their possession during transport, this would include in a purse or bag within their reach. [ ] Any time a weapon is encountered, it will be secured. Ideally, the weapon should be left at the residence or scene. If law enforcement is on the scene, they will be requested to assess the situation, and take the weapon into their possession." (Exh. Vol. I, p. 5). Accordingly, it is standard procedure when transported to the hospital in an ambulance to conduct a safety check of a patient’s possessions and any weapons found must be collected and secured. The serial number is checked on all collected weapons prior to being placed in the property room for safekeeping until the patient is released from the hospital.