Reseña de William C. Smith v. State Indiana

William C. Smith v. State Indiana de Court of Appeals of Indiana Resumen del Libro

On March 6, 1978, Ward and Cheryl Scott were arrested for shoplifting in Matteson, Illinois. Ward asked if he could post his own bond and what the bond would be. One of the officers replied that bond would be around $100 and that Ward could post bond at the police department. Ward did not have enough money in his wallet but had money in the cars glove compartment. He asked the officer if they could get in the glove compartment and get the money out. The officers complied with Wards request. While removing the money the officer observed a loaded ammunition clip in the glove compartment. On the floor, protruding from underneath the passenger seat, the officers observed the butt of a semi-automatic pistol. The clip and the pistol were later identified as items taken in a burglary in Griffith, Indiana. Ward contends that the initial entry into his automobile and glove compartment was an unreasonable search and seizure because the officer failed to advise him of his constitutional rights prior to securing his consent. He argues that a person who is asked to give permission for a search while in police custody is entitled to be informed of his Miranda rights prior to giving consent to the search. See Larkin v. State (1979), 271 Ind. 469, 393 N.E.2d 180; Pirtle v. State (1975), 263 Ind. 16, 323 N.E.2d 634. Wards argument ignores the factual situation in which his consent was given.

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