BRADFORD, J.
On September 1, 2010, Hammond Police outfitted a confidential informant (“CI”) with an audio-visual recorder, provided him with $150 of “buy” money, and directed him to arrange a drug deal with a person known only to the police and the CI as “Prophet,” but who later turned out to be Bryant. The CI telephoned Bryant, who arrived at the CI’s residence approximately thirty minutes later. The CI approached Bryant’s vehicle and purchased $130 worth of heroin, leaving him with $20 of buy money left. The CI returned to his residence and gave 0.54 grams of heroin and the remaining buy money to police.
Hammond Police Detective Marc Ferry followed Bryant’s vehicle when it pulled away. Eventually, Bryant failed to signal a turn, and Detective Ferry activated his lights and siren to initiate a stop. Detective Ferry approached the vehicle, and, after knocking on the driver’s side window with his flashlight, asked twice for Bryant’s identification and vehicle registration. When Bryant asked why he had been stopped, Detective Ferry said, “Well, for starters because of the loud music.” Tr. p. 67. At this point, Bryant drove off slowly.
Detective Ferry returned to his vehicle and pursued Bryant, who leaned “hard to the right” momentarily before stopping in an empty lot after approximately two blocks. Tr. p. 69. Detective Ferry had witnessed others lean and pull away as Bryant had done and believed that “people when they pull away like that, they are buying time, they’re trying to hide something.” Tr. p. 72. Detective Ferry testified that “[a]t that time, [Bryant was being arrested] for resisting law enforcement.” Tr. p. 70. When Bryant was taken into custody, Detective Ferry received permission from his supervisor to conduct a strip search. When two officers forcibly bent Bryant over, Detective Ferry recovered a “clear plastic bag which was slightly torn opened [sic], containing a green, leafy substance” that was determined to be 2.14 grams of marijuana from between Bryant’s buttocks. . . . .
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Bryant’s argument is essentially that the police had no justification for conducting a strip search because he was arrested for resisting law enforcement, a misdemeanor that does not, without more, give rise to a reasonable likelihood of the discovery of contraband. In Edwards, the Indiana Supreme Court stated that, under Article I, Section 11, “before jail officials may conduct warrantless strip searches of misdemeanor arrestees detained awaiting the posting of bond, those officials must have a reasonable suspicion that the arrestees are concealing weapons or contraband.” Id. at 630.
Bryant’s case, however, does not fit within the above rule formulated by the Edwards court. Detective Ferry did, in fact, testify that Bryant was arrested for resisting law enforcement. Without more, Bryant might have a strong argument that the fruits of the strip search were suppressible. There is more, however. The suspicion that can justify a strip search need not be based on the crime for which one is being arrested, and “irrespective of the offense, the circumstances surrounding the arrest, rather than the offense itself, may give rise to a reasonable suspicion, and if so the search is justified.” Id. First, while Bryant was ostensibly arrested for resisting law enforcement, police had probable cause at the time to believe that he had also committed dealing in a narcotic drug, a major felony. Bryant points to no Indiana case, and we are aware of none, holding that the arrest of a suspected felon does not justify a strip search. Second, Detective Ferry testified that Bryant slowly drove away from him initially and leaned hard to the right as he drove, actions that in Detective Ferry’s experience indicated a person attempting to conceal something. So, even if police had not suspected Bryant of committing a major felony, there was reasonable suspicion that he was concealing contraband. Police were justified in strip searching Bryant, and his trial counsel was therefore not ineffective for failing to move to suppress the fruits of that search.
RILEY, J., and DARDEN, J., concur.