Amending 14 Adding New Article 3 Prohibition of Open Alcoholic Beverage Containers

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• • It should be stressed that the proposed ordinance would provide another civil tool to assist our Police Officers in carrying our their routine duties related to the public safety of both citizens and property while in the City limits. This proposed bill does not and cannot impose any criminal sanctions, since that would be inconsistent with Indiana State Law. This ordinance should not be confused with the sanctions imposed by State Law primarily within Title 9 of the Indiana Code addressing "Traffic Offenses and Procedures" . It is my understanding the Council Member Luecke has raised a question with regard to the possible search of a vehicle. Both the United States Supreme Court and the Indiana Supreme Court have numerous cases addressing searches of automobiles. Although it is difficult, if not impossible, to summarize the several hundred cases addressing this issue, there are some basic principles and important constitutional principles which evolve from these cases. First, if a police officer has lawfully impounded a vehicle, the officer may conduct an inventory search to protect the owner of the car and its contents and to protect the police from claims of lost or stolen property. Secondly, if a police officer has lawfully impounded a car and has probable cause to believe that the car contains evidence of a crime, a warrantless search may be made even though it is convenient to obtain a warrant. Thirdly, there may be circumstances justifying a search of a car short of probable cause, to believe that the car contained evidence of a crime. Lastly, in a situation in which a police officer is legitimately inside or looking into a car, the police officer may sieze and evidence that is in "plain view". Therefore, it is anticipated that if this bill is passed, that it would be enforced in conjunction with the enforcement of Title 9 State Law regulations. It should also be noted that under the "home rule" legislation provided to the City through State Law (I.C. 36-1-3-1 through 36-1-3-9) , it is the policy of the State to grant to Cities "all the powers that they need for the effective operation of government as to local affairs". The home rule statute further provides that "any doubt as to the existence of a power of a unit shall be resolved in favor of its existence". Cases interpreting some of the provisions of home rule have noted that City ordinances ar presumed to be valid and constitutional until adjudged to the contrary by a court of competent jurisdiction. The courts have also noted that when a municipal corporation exercises its