D.F. v. State of Indiana, 34 N.E.3d 686

A citizen told police a black male in a black hoodie on park bleachers had a gun with a long magazine; the report was given to dispatch.
Officer Mingerink arrived within about 30 seconds and saw D.F. near the bleachers removing a black sweatshirt; D.F. sat next to the sweatshirt and slightly scooted away from it as the officer approached.
Officer Mingerink unfolded the sweatshirt and discovered a handgun with a long magazine.
The State charged D.F. with delinquent acts equivalent to Class A misdemeanors for dangerous possession of a firearm and carrying a handgun without a license; D.F. moved to suppress the gun as the product of an unconstitutional search.
The juvenile court admitted the gun and adjudicated D.F. delinquent; one of the two true findings was later vacated on double jeopardy grounds.
On appeal, D.F. argued the search violated the Fourth Amendment and Article 1, Section 11 of the Indiana Constitution; the Court of Appeals affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether unfolding D.F.’s sweatshirt to check for a gun violated the Fourth Amendment	D.F.: the officer’s inspection was an unconstitutional search lacking reasonable suspicion/probable cause	State: officer had reasonable suspicion based on a recent, specific citizen report and D.F.’s location/attire matching that report	Court: reasonable suspicion existed; the brief weapon-focused search was permissible under Terry and Fourth Amendment principles
Whether the search violated Article 1, Section 11 of the Indiana Constitution	D.F.: state constitutional protection was violated by the search	State: intrusion was minimal, suspicion was high, and public-safety interests justified the search	Court: under the state totality-of-circumstances balancing test the intrusion was reasonable and constitutional

Johnson v. State, 992 N.E.2d 955 (Ind. Ct. App. 2013) (standard for appellate review of evidence-admission rulings and assessing reasonable suspicion)
Lindsey v. State, 916 N.E.2d 230 (Ind. Ct. App. 2009) (de novo review of ultimate reasonable-suspicion/probable-cause determinations)
Moultry v. State, 808 N.E.2d 168 (Ind. Ct. App. 2004) (investigatory stop requires specific and articulable facts)
Terry v. Ohio, 392 U.S. 1 (1968) (officer may conduct limited search for weapons when reasonably prudent person would believe safety at risk)
C.H. v. State, 15 N.E.3d 1086 (Ind. Ct. App. 2014) (Fourth Amendment protection extends to brief investigatory stops)
W.H. v. State, 928 N.E.2d 288 (Ind. Ct. App. 2010) (stop/search of juvenile in crowded public area carrying suspected handgun upheld)
Litchfield v. State, 824 N.E.2d 356 (Ind. 2005) (three-factor balancing test for Article 1, Section 11 reasonableness)
Duran v. State, 930 N.E.2d 10 (Ind. 2010) (state constitutional analysis focuses on officer actions under totality of circumstances)
Chest v. State, 922 N.E.2d 621 (Ind. Ct. App. 2009) (consideration of privacy interest and intrusion character under state constitution)