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FOR PUBLICATION
ATTORNEY FOR APPELLANT: PHILIP R. SKODINSKI South Bend, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana TAMARA WEAVER Deputy Attorney General Indianapolis, Indiana

FILED
Apr 21 2011, 9:24 am
of the supreme court, court of appeals and tax court

IN THE COURT OF APPEALS OF INDIANA
MICHAEL ALEXANDER, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

CLERK

No. 71A04-1006-CR-372

APPEAL FROM THE ST. JOSEPH SUPERIOR COURT The Honorable R.W. Chamblee, Jr., Judge Cause No. 71D08-0907-FC-195

April 21, 2011 OPINION - FOR PUBLICATION

MAY, Judge

Michael Alexander appeals his conviction of Class C felony operating a motor vehicle after a lifetime suspension of driving privileges.1 He asserts the police violated his constitutional rights by conducting the initial traffic stop2 that led to his arrest. We affirm. FACTS AND PROCEDURAL HISTORY After receiving a complaint about Alexander from the management of an apartment complex that had banned him, Mishawaka police checked Alexanders driving record. They found Alexander had a lifetime driving suspension and obtained his picture. Police saw Alexander driving, pulled him over, and arrested him. Alexander was convicted of Class C felony operating a motor vehicle after lifetime suspension of driving privileges. DISCUSSION AND DECISION Alexander contends the police violated his Fourth Amendment rights by obtaining his driving record and picture from Bureau of Motor Vehicles (BMV) records without probable cause. The Fourth Amendment provides, in part: "The right of people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated[.]" Although there are exceptions, the general rule is "[t]he Fourth Amendment requires the police to obtain a search warrant . . . prior to undertaking a search of either a person or private property." Sellmer v. State, 842 N.E.2d 358, 362 (Ind. 2006). Fourth Amendment protections apply when (1) a person has an actual subjective expectation of

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Ind. Code

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