PYLE, Judge.
David Rhodes ("Rhodes") appeals his conviction, following a bench trial, for two counts of Class D felony theft.
We affirm.
On August 12, 2012, around 5:30 a.m., Darryl Daniels ("Daniels"), an employee at the InTown Suites ("the hotel") on Post Road in Marion County, observed a lone male walking from car to car in the hotel parking lot and entering cars that were unlocked. Daniels called the police as he saw the man enter the first car. As Daniels talked to police dispatch and provided them with the suspect's description, the man entered a second car. When the man attempted to enter a third car, the car's alarm activated, and the man left the parking lot.
Indianapolis Metropolitan Police Department ("IMPD") Officer Charles King ("Officer King") arrived on the scene, and Daniels repeated his description of the suspect to Officer King. Daniels told the officer that the suspect breaking into the cars was an African American male, wearing a white t-shirt and "dark jeans" and carrying a case of Budlight beer.
Upon receiving the suspect description and information from Officer King, Officer Durham "immediately searched" the area around the hotel and "located a black male wearing a white t-shirt carrying a box of beer that fit the description of the alleged suspect." (Tr. 25). Around 5:40 a.m., Officer Durham found this man, who was Rhodes, in a home improvement store parking lot on 25th Street, which was "immediately adjacent" to the hotel parking lot. (Tr. 25). Officer Durham approached Rhodes, who was carrying a case of Budlight, and asked him for his identification. Rhodes gave the officer his name, but he stated that he did not have any identification with him. Rhodes told the officer that he was "on parole for narcotics offenses." (Tr. 27). At that time, Officer Durham noticed that Rhodes had "a bulge in his pocket[.]" (Tr. 27). Officer Durham, who "was in fear of [Rhodes] having a weapon in his pocket because [Rhodes] told [him
The State charged Rhodes with two counts of Class D felony theft. The trial court held a bench trial on February 12, 2013. Rhodes did not file a written motion to suppress, but at the beginning of the trial, Rhodes's counsel informed the trial court that he was going to be raising a "Motion to Suppress." (Tr. 11). Given time constraints, Rhodes's counsel and the trial court agreed that the court would wait to hear the suppression argument during trial.
During the victims' testimony, the State offered photographs of the cell phone and the credit card into evidence as State's Exhibits 3 and 4 (cell phone) and Exhibits 5 and 6 (credit card). Rhodes did not object and affirmatively stated that he had "[n]o objection" to the admission of these exhibits.
Rhodes contends that the trial court abused its discretion by admitting into evidence the cell phone and credit card recovered from his pocket, arguing that the evidence was obtained during an illegal stop and search in violation of the Fourth Amendment to the United States Constitution.
We need not, however, review whether the trial court erred in admitting the cell phone and credit card into evidence because Rhodes failed to preserve the issue for appeal by failing to make a contemporaneous objection at trial. "A contemporaneous objection at the time the evidence is introduced at trial is required to preserve the issue for appeal, whether or not the appellant has filed a pretrial motion to suppress." Brown v. State, 929 N.E.2d 204, 207 (Ind.2010), reh'g denied. See also Jackson v. State, 735 N.E.2d 1146, 1152 (Ind.2000) ("The failure to make a contemporaneous objection to the admission of evidence at trial results in waiver of the error on appeal."); Hartman v. State, 615 N.E.2d 455, 459-60 (Ind.Ct.App. 1993) (explaining that a party must make an objection to an exhibit when it is offered and before it is admitted into evidence and that an objection made after the evidence is admitted is untimely and unavailable for argument on appeal), reh'g denied.
Here, Rhodes contends that the cell phone and credit card were inadmissible, but he did not object when the State offered them into evidence. In fact, he affirmatively stated that he had "[n]o objection" to the admission of this evidence. (Tr. 21, 23). Consequently, Rhodes has waived appellate review of his claim of error. See, e.g., Brown, 929 N.E.2d at 207 (holding that defendant, who did not object to evidence upon introduction of evidence and who affirmatively stated he had no objection, waived review of his argument that evidence was unlawfully seized); Lewis v. State, 755 N.E.2d 1116, 1123 (Ind.Ct. App.2001) (holding that defendant's failure to challenge constitutionality of search until after evidence had been admitted and after he had completed his initial cross-examination of the officer resulted in waiver of appellate review).
Nevertheless, "[a] claim that has been waived by a defendant's failure to raise a contemporaneous objection can be reviewed on appeal if the reviewing court determines that a fundamental error occurred." Brown, 929 N.E.2d at 207. "The fundamental error exception is `extremely narrow, and applies only when the error constitutes a blatant violation of basic principles, the harm or potential for harm is substantial, and the resulting error denies the defendant fundamental due process.'" Id. (quoting Mathews v. State, 849 N.E.2d 578, 587 (Ind.2006)). The Brown Court explained that a showing of fundamental error arising from the admission of alleged illegally seized evidence is very limited:
Brown, 929 N.E.2d at 207.
Just as in Brown, Rhodes does not assert any such claims in this case. Instead, Rhodes merely asserts that the evidence was improperly admitted, alleging that it was the product of an unconstitutional search.
Waiver notwithstanding, we conclude there is no error — fundamental or otherwise — because the specific facts before us support the conclusion that the evidence was properly seized pursuant to a search incident to arrest. The search incident to arrest exception to the warrant requirement provides that a police officer may conduct a search of "`the arrestee's person and the area within his immediate control.'" Stark v. State, 960 N.E.2d 887, 889 (Ind.Ct.App.2012) (quoting Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969)), trans. denied. "Evidence resulting from a search incident to a lawful arrest is admissible at trial." Gibson v. State, 733 N.E.2d 945, 953 (Ind.Ct. App.2000). An arrest is lawful if it is supported by probable cause. VanPelt v. State, 760 N.E.2d 218, 222 (Ind.Ct.App. 2001), trans. denied. "Probable cause adequate to support a warrantless arrest exists when, at the time of the arrest, the officer has knowledge of facts and circumstances that would warrant a person of reasonable caution to believe that the suspect committed a criminal act." Griffith v. State, 788 N.E.2d 835, 840 (Ind.2003).
Here, an eyewitness (the hotel employee) observed Rhodes breaking into cars in the hotel's parking lot in the early morning hours. This eyewitness immediately called police and provided them with a description of Rhodes — who was wearing a white t-shirt and dark jeans and carrying a case of Budlight — and told police that Rhodes was headed northbound near 25th Street when he left the hotel parking lot.
Affirmed.
BARNES, J., and CRONE, J., concur.
Rhodes also generally asserts that this evidence was admitted in violation of Article I, Section 11 of the Indiana Constitution. Rhodes, however, has waived any state constitutional claim because he fails to provide a separate argument and analysis under this state constitutional provision. See White v. State, 772 N.E.2d 408, 411 (Ind.2002); Warren v. State, 760 N.E.2d 608, 610 n. 3 (Ind. 2002).