BROWN, J.
. . . The Seatbelt Enforcement 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.” Ind. Code § 9-19-10-3.1 (emphasis added). . . . .
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Here, Officer Archer observed that neither Taylor nor Hargis was wearing a seatbelt and pulled them over. Taylor does not challenge whether Officer Archer had reasonable suspicion to do so, and, in any event, we hold based on the facts before us that he did have reasonable suspicion to stop Taylor for his failure to wear a seatbelt. Rather, Taylor asks us to determine whether Officer Archer searched him solely because of a violation of the Seatbelt Enforcement Act.
While Officer Archer was filling out the uniform traffic tickets, Officer Gilbert arrived on the scene and recognized Taylor and Hargis by name. She contacted a detective who asked if he could speak to Taylor and Hargis in reference to an ongoing investigation. Officer Archer gave Taylor his ticket, license, and registration and told him that he was free to go. At this point, the traffic stop had terminated. Officer Archer then asked if Taylor would be willing to accompany him to the police station to speak to a detective in reference to an investigation. Taylor agreed and, out of concern for his own safety, Officer Archer performed a pat down search during which he found the bag of marijuana.
The traffic stop regarding Taylor’s failure to wear his seatbelt had terminated. Taylor was searched because of Officer Archer’s concern for his own safety while transporting Taylor. Given these facts, we cannot say that Officer Archer searched Taylor solely because of Taylor’s failure to fasten a seatbelt about his body while driving. Officer Archer’s actions did not violate the Seatbelt Enforcement Act. See State v. Washington, 898 N.E.2d 1200, 1207 (Ind. 2008) (holding that prior Indiana cases discussing the Seatbelt Enforcement Act should not be construed to “prohibit police from questioning motorists or seeking consent to search following a terminated traffic stop.” (emphasis added)).
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. . . Officer Archer asked Taylor if he was willing to speak to another detective in reference to an ongoing investigation, and Taylor responded that he was. The record does not establish, however, that Taylor agreed to be transported by Officer Archer to speak to the detective. Rather, after Taylor responded that he was willing to speak to the detective, Officer Archer immediately asked him to turn around, put his hands on top of his head, and interlock his fingers while the officer searched him. At that point Taylor was unlawfully detained without his consent. Prior to the search, Taylor was not under arrest and could have driven himself to the police station to speak with the detective.
We conclude that, under the totality of the circumstances, Officer Archer’s detention and search of Taylor’s person was not voluntary or reasonable and therefore violated the protections provided by Article 1, Section 11 of the Indiana Constitution.
KIRSCH, J. and BRADFORD, J. concur.