Brian Russell v. State of Indiana
2013 Ind. App. LEXIS 431
Ind. Ct. App.2013Background
- Bogart called 911 at ~2:00 a.m. reporting a possibly intoxicated driver behind him.
- Bogart identified where Russell would be and how to identify him; deputy corroborated with his own observations.
- Two vehicles arrived at a Speedway gas station; Bogart blocked Russell from leaving and flagged Deputy Hahn.
- Deputy Hahn pursued and stopped Russell; observed slurred speech, bloodshot eyes, poor dexterity, and odor of alcohol.
- Russell exited vehicle, failed three field sobriety tests, and was arrested for Class C misdemeanor operating a vehicle while intoxicated.
- Russell moved to suppress; trial court denied; jury convicted; sentence included jail time and license suspension.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there reasonable suspicion under the Fourth Amendment | Renzulli shows reliable tip supports stop | Tip lacked corroboration of criminal activity | Yes; tip reliable, corroboration supports stop |
| Does the stop violate Article I, Section 11 | Indiana constitution permits the stop under totality of circumstances | Similar to federal claim; arguments waived | No violation; stop reasonable under Indiana Constitution |
| Was Russell's Fourth Amendment claim waived | Claim preserved; independent analysis required | Waived due to failure to separately analyze federal claim | Waiver acknowledged; analysis limited to the Indiana claim |
Key Cases Cited
- State v. Renzulli, 958 N.E.2d 1143 (Ind.2011) (reliability of tip and corroboration for reasonable suspicion)
- Kellems v. State, 842 N.E.2d 352 (Ind.2006) (false-reporting may affect reliability of tip)
- Bogetti v. State, 723 N.E.2d 876 (Ind.Ct.App.2000) (tip alone can support reasonable suspicion for intoxicated driving)
- Burkett v. State, 736 N.E.2d 304 (Ind.Ct.App.2000) (de novo review of reasonable-suspicion standard)
- Meredith v. State, 906 N.E.2d 867 (Ind.2009) (traffic stop constitutes a seizure; requires reasonable suspicion)
- Litchfield v. State, 824 N.E.2d 356 (Ind.2005) (Indiana totality-of-circumstances framework for reasonableness)
- Francis v. State, 764 N.E.2d 641 (Ind.Ct.App.2002) (waiver from failure to provide independent analysis for each constitutional claim)