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

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, 927 N.E.2d 379 (Ind. 2010):

Here, Officer Eastwood initiated a traffic stop solely under the Act after she observed Richardson driving without wearing a seat belt. When Officer Eastwood approached Richardson’s car, she recognized him from a prior traffic stop, during which she had encountered no problems with violence or resistance. Additionally, Richardson was immediately cooperative with Officer Eastwood and admitted that he was not wearing his seat belt. While Officer Eastwood did observe an “unusual bulge,” this fact standing alone did not provide the independent basis of reasonable suspicion that Baldwin requires, especially in light of Richardson’s immediate compliance and Officer Eastwood’s prior peaceful exchanges with Richardson. Cf. Morris , 732 N.E.2d at 228 (finding an independent basis for further inquiry above and beyond the seat belt violation, where the defendant failed to produce a valid license, and a computer check later revealed his license was suspended). On these facts, we agree with the trial court that Officer Eastwood’s questioning about the “unusual bulge” contravened the Act.

There will, of course, be circumstances where something more than an “unusual bulge” will be visible, or other conditions that provide a police officer with the requisite reasonable suspicion to conduct further inquiry. This is not one of them. And even if the facts were such that Officer Eastwood’s questioning about the bulge was proper, the fact remains that Richardson’s production of a valid gun permit should have resulted in the termination of any further questioning.