Court of Appeals of Indiana | Opinion 49A05-1402-CR-61| February 3, 2015 Page 1 of 10

ATTORNEYS FOR APPELLANT

Heath Y. Johnson

Suzy St. John

Johnson, Gray & MacAbee

Franklin, Indiana

ATTORNEYS FOR APPELLEE

Gregory F. Zoeller

Attorney General of Indiana

Larry D. Allen

Deputy Attorney General

Indianapolis, Indiana

I N T H E

COURT OF APPEALS OF INDIANA

ANTONIO GARCIA,

Appellant-Defendant,

v.

STATE OF INDIANA,

Appellee-Plaintiff

February 3, 2015

Court of Appeals Case No.

49A05-1402-CR-61

Appeal from the Marion Superior 

Court

The Honorable Jose D. Salinas, 

Judge

Case No. 49G14-1208-FD-54147

Crone, Judge.

Case Summary

[1] Antonio Garcia appeals his conviction for class D felony possession of a 

schedule III controlled substance (a hydrocodone/acetaminophen pill). He 

argues that the pill found in a container discovered in his pants pocket during a 

search incident to arrest was taken in contravention of his state constitutional 
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right against unreasonable search and seizure and was therefore inadmissible. 

Specifically, he contends that even though he was lawfully arrested and the 

search of his person incident to arrest was reasonable, it was unreasonable for 

the police to open the container. We conclude that the search of the container 

was unreasonable under the Indiana Constitution, and therefore the pill was 

inadmissible. Accordingly, we reverse Garcia’s conviction.

Facts and Procedural History1

[2] On August 6, 2012, just before 9:00 p.m., Indianapolis Metropolitan Police 

Officer Philip Robinett saw Garcia driving a white Chevrolet Trailblazer. 

Although it was dusk, Garcia did not have the car’s headlights on. Garcia also 

failed to signal when he moved from the travel lane to park along the street. 

Officer Robinett turned on his emergency lights to make a traffic stop. When 

he stopped behind Garcia, Garcia got out of his car. Officer Robinett ordered 

him to get back into the car, and Garcia complied. Officer Robinett 

approached the driver’s side of Garcia’s vehicle and an assisting officer 

approached the passenger side. They saw that Garcia was alone in the car. 

Garcia’s first language is Spanish. Officer Robinett does not speak Spanish. 

 

1 We heard oral argument on January 15, 2015, at the Indiana University Robert H. McKinney School of 

Law in Indianapolis. We commend counsel for the quality of their advocacy, and we thank the school for its 

hospitality.
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Officer Robinett testified that communication was a “little bit more difficult” 

and that there was a “slight language barrier, but based off of hand gestures and 

common questions between the police and citizens, we were able to easily 

navigate through the traffic stop.” Tr. at 32.2 Officer Robinett asked Garcia if 

he had a driver’s license. Garcia did not have a driver’s license, but he gave 

Officer Robinett his Mexican identification card. Officer Robinett searched the 

BMV database with the name on the identification card and found that Garcia 

did not have a valid driver’s license.

[3] Officer Robinett arrested Garcia for class C misdemeanor driving without a 

license, although he also had the option of issuing a summons for this particular 

offense. Officer Robinett conducted a patdown search of Garcia incident to the 

arrest. He found a small metallic cylinder in Garcia’s left front pants pocket. 

Officer Robinett had seen similar containers many times, “anywhere between 

two to ten times a year” over the previous five years. Id. at 26. In his 

experience, these containers held either illegal substances or properly prescribed 

medication.3 He opened the container and found half a pill with specific 

 

2 At trial, Garcia used a translator. He testified that he is fine speaking either English or Spanish, but wanted 

an interpreter for trial because it made him feel more comfortable. Tr. at 38.

3

 The parties dispute Officer Robinett’s testimony regarding the probability that the container held legal 

drugs. Garcia states that there was a “strong possibility” that the contents of the container were legal. 

Appellant’s Br. at 9. The State asserts that “this kind of container usually carried illegal drug[s].” Appellee’s 
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markings on it indicating that it was hydrocodone/acetaminophen, a schedule 

III controlled substance. Garcia stated in English, “That’s my narcotic for 

pain.” Id. at 29. Officer Robinett did not find a valid prescription for the 

medication on Garcia’s person or in the car. 

[4] The State charged Garcia with class C misdemeanor driving without a valid 

license and class D felony possession of a controlled substance. At trial, Garcia 

moved to suppress the evidence found in the container on the grounds that 

opening the container was unreasonable under the United States and Indiana 

Constitutions. The trial court ultimately denied Garcia’s motion to suppress. 

Garcia testified that he lived with his wife and their nine-year-old son and that 

his wife’s elderly aunt had also lived with them until she died three days before 

his arrest. On the day of his arrest, Garcia cleaned out the aunt’s room and 

found the container. He recognized it as a container for medicine and put it in 

his pocket so that his son would not get it. He forgot that he had it in his pocket 

when he drove the car later that night. Garcia submitted a pharmacy record 

showing that the aunt had a prescription for hydrocodone/acetaminophen pills.

 

Br. at 5. Officer Robinett testified as follows: “Every time I’ve either – I’ve located either some type of illegal 

substance or – unless it is a pill that is properly prescribed. That’s the only time I’ve seen it to where the 

substance inside this cylinder is a legal substance.” Tr. at 26-27.
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The trial court found Garcia guilty as charged. Garcia appeals his felony 

conviction for possession of a schedule III controlled substance.

Discussion and Decision

[5] Garcia argues that the evidence found in the container was inadmissible 

because opening the container was unreasonable under Article 1, Section 11 of 

the Indiana Constitution. We review a trial court’s ruling on the admissibility 

of evidence “for abuse of [] discretion and reverse only when admission is 

clearly against the logic and effect of the facts and circumstances and the error 

affects a party’s substantial rights.” Clark v. State, 994 N.E.2d 252, 260 (Ind. 

2013). “We consider the evidence most favorable to the trial court’s decision 

and any uncontradicted evidence to the contrary.” Lee v. State, 916 N.E.2d 706, 

707 (Ind. Ct. App. 2009). When an appellant’s challenge to the admission of 

evidence is based on the argument that the search or seizure of the evidence was 

unconstitutional, it raises a question of law, which we review de novo. 

Guilmette v. State, 14 N.E.3d 38, 41 (Ind. 2014). 

[6] Article 1, Section 11 reads:

The right of the people to be secure in their persons, houses, papers, 

and effects, against unreasonable search or seizure, shall not be 

violated; and no warrant shall issue, but upon probable cause, 

supported by oath or affirmation, and particularly describing the place 

to be searched, and the person or thing to be seized.

[7] The purpose of Section 11 is to protect the privacy of Indiana citizens from 

unreasonable police activity. State v. Quirk, 842 N.E.2d 334, 339-40 (Ind. 2006). 
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Thus, “[w]e construe Section 11 liberally in favor of protecting individuals from 

unreasonable intrusions on their privacy.” Grier v. State, 868 N.E.2d 443, 444 

(Ind. 2007). Although the language of Section 11 tracks the Fourth 

Amendment of the U.S. Constitution verbatim, “Indiana has explicitly rejected 

the expectation of privacy as a test of the reasonableness of a search or seizure.” 

Litchfield v. State, 824 N.E.2d 356, 359 (Ind. 2005). Under the Indiana 

Constitution, the legality of a governmental search “turns on an evaluation of 

the reasonableness of the police conduct under the totality of the 

circumstances.” Id. (citing Moran v. State, 644 N.E.2d 536, 539 (Ind. 1994)). 

Although other factors may exist, the reasonableness of a search or seizure 

turns on a balance of “1) the degree of concern, suspicion, or knowledge that a 

violation has occurred, 2) the degree of intrusion the method of the search or 

seizure imposes on the citizen’s ordinary activities, and 3) the extent of law 

enforcement needs.” Id. at 361. “We place the burden on the State to show 

that under the totality of the circumstances its intrusion was reasonable.” 

Quirk, 842 N.E.2d at 340.

[8] Garcia concedes that Officer Robinett had probable cause to arrest him for 

driving without a valid license and that the search of his person incident to 

arrest was reasonable under the Indiana Constitution. Garcia challenges only 

the reasonableness of Officer Robinett’s search of the container itself to discover 

its contents. This issue has been settled under the Fourth Amendment. See

United States v. Robinson, 414 U.S. 218, 236 (1973) (upholding constitutionality 

of officer’s search of crumpled cigarette package found in defendant’s coat 
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pocket during search incident to arrest for driving while his license was 

revoked); Klopfenstein v. State, 439 N.E.2d 1181, 1188 (Ind. Ct. App. 1982) 

(Fourth Amendment not violated when officer found Tylenol bottle in plastic 

bag on defendant’s person during search incident to arrest, saw pills in bottom 

of plastic bag, removed pill bottle from bag, opened it, and discovered hashish). 

[9] However, the State acknowledges that Fourth Amendment jurisprudence does 

not dictate the result under the Indiana Constitution.

[W]hile experience has shown that analysis under the Indiana 

reasonableness standard generally obtains the same result as that of the 

federal Fourth Amendment, it would appear that where a “blanket” 

exception to the warrant requirement has been created for federal 

purposes it is appropriate to effect a different result which is based 

upon the actual considerations at hand according to Indiana’s 

constitutional protections.

State v. Moore, 796 N.E.2d 764, 770 (Ind. Ct. App. 2003), trans. denied (2004). 

Accordingly, Section 11 requires us to consider the reasonableness of opening the 

container based on the totality of the circumstances. 

[10] In so doing, we apply the Litchfield factors to the search of the container. As for

the first factor, the degree of concern, knowledge, or suspicion that a criminal 

violation had occurred with respect to the pill vial was low prior to opening the 
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container.

4

 As for the degree of intrusion, Garcia contends that it was high 

because “Hoosiers would regard the contents of a pill container as private.” 

Appellant’s Br. at 6. The State asserts that the degree of intrusion was low 

because the opening of the container occurred during a search incident to arrest 

supported by probable cause. Each of these arguments addresses a different 

aspect of the intrusiveness of this kind of search, and they both have merit. 

[11] The next factor to consider is the extent of law enforcement needs. “A search 

incident to arrest serves important purposes, such as ensuring that the arrestee is 

unarmed, preventing the arrestee from bringing contraband into jail, and 

preventing the destruction of evidence.” Edmond v. State, 951 N.E.2d 585, 592

(Ind. Ct. App. 2011). Garcia argues that “without reasonable concern for 

safety, or a reasonable belief [that] it contained evidence relating to the offense 

[or] arrest that might be destroyed, the extent of law enforcement needs to 

search the metal cylinder was very low.” Id. at 6-7. The State asserts that law 

enforcement needs were significant because even if Officer Robinett suspected 

 

4

 Because we are examining the reasonableness of opening the container, it would appear that the degree of 

concern, knowledge, or suspicion that a violation occurred should be applied to the container rather than the 

arrest.
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that the container held either legal or illegal drugs, he did not know exactly 

what was in it, and unknown objects always pose potential risks. 

[12] Officer Robinett testified that he did not open the container out of safety 

concerns. Throughout the traffic stop and arrest, Garcia was completely 

cooperative. Also, Officer Robinett testified that he was familiar with these 

types of containers and they had always held either illegal or properly 

prescribed medication. Although there could be situations in which the police 

find an unfamiliar object on a person through a search incident to arrest that 

may justify further investigation, that situation did not occur here. There is no 

evidence in the record that Officer Robinett had any concern or suspicion that 

the container held anything that threatened his or the public’s safety. 

[13] As far as discovering or preserving evidence is concerned, the State conceded at 

oral argument that probable cause did not exist to support a warrant to search 

the container. In fact, there is no evidence in the record that would even 

establish reasonable suspicion that Garcia was carrying illegal drugs. He was 

pulled over because he did not have his headlights on at dusk and failed to use 

his turn signal while parking. He was arrested for a class C misdemeanor 

driving offense. Thus, there was no need for law enforcement to preserve 

evidence relating to the offense for which Garcia was arrested. Also, there were 

no circumstances unrelated to the reason for the arrest that led Officer Robinett 

to suspect that Garcia was impaired, had engaged in any illegal drug use, or 

was involved in any illegal drug dealing. Officer Robinett testified that he knew 

that containers like Garcia’s were used to hold properly prescribed drugs. The 
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simple fact that these containers could also be used to hold illegal substances, 

without more, does not give rise to a reasonable suspicion that Garcia’s

container held illegal substances. Where there was no reasonable suspicion that 

illegal substances were present, the need of law enforcement to discover and/or 

preserve evidence was nonexistent.5 

[14] In sum, Officer Robinett had no safety concerns to justify opening the container 

and also had no reasonable suspicion that it held any illegal substances. We 

conclude that given the facts of this case, it was unreasonable under the Indiana 

Constitution to open the container found in Garcia’s pants pocket during a 

search incident to arrest. Accordingly, the pill was inadmissible. Therefore, we 

reverse Garcia’s conviction for class D felony possession of a schedule III 

controlled substance.

[15] Reversed.

Mathias, J., and Bradford, J., concur.

 

5

 Given that the container was seized incident to a lawful arrest and Garcia was being taken to jail and 

booked, it may be that the container could have or would have been seized and opened as part of routine 

booking procedures and inventory purposes. However, the State acknowledges that the container was not 

opened for inventory or booking procedures.