D.Y. v. State of Indiana
28 N.E.3d 249
Ind. Ct. App.2015Background
- On Feb. 17, 2014, IMPD Officer McDaniel responded to burglary-related complaints; suspects identified included A.I. and juvenile D.Y.
- Detective Howard learned D.Y. might be a suspect and instructed Officer McDaniel to detain D.Y. and bring him to roll call for questioning.
- At Smith’s home, Officer McDaniel told 16‑year‑old D.Y. he would be transported to district roll call and then conducted a pat‑down before placing D.Y. in the patrol car, discovering an unloaded firearm in his jacket pocket.
- The State charged D.Y. as a delinquent for dangerous possession of a firearm and carrying a handgun without a license; D.Y. moved to suppress the firearm as the product of an unlawful search.
- The juvenile court denied suppression, entered true findings, adjudicated D.Y. delinquent, and placed him on probation; D.Y. appealed.
- The Court of Appeals held the pat‑down followed an unlawful seizure (arrest without probable cause), so the firearm was the fruit of an illegal search and inadmissible; it reversed and remanded with instructions to vacate the adjudication.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (D.Y.) | Held |
|---|---|---|---|
| Whether the pat‑down search was lawful | Officer had reasonable suspicion to detain D.Y. as a burglary suspect and officer‑safety grounds for a weapons frisk | The pat‑down was the fruit of an unlawful seizure/arrest without probable cause (or, alternatively, an investigatory stop without reasonable suspicion); no officer‑safety justification | The stop was a seizure tantamount to an arrest without probable cause; the pat‑down was unlawful and the firearm inadmissible |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (permits brief investigatory stops and frisk for officer safety based on reasonable suspicion)
- Dunaway v. New York, 442 U.S. 200 (1979) (transporting a suspect to police station without probable cause may constitute a seizure requiring probable cause)
- United States v. Mendenhall, 446 U.S. 544 (1980) (a seizure occurs when a reasonable person would not feel free to leave; factors indicating seizure include show of authority, display of weapon, physical touching)
- Wilson v. State, 745 N.E.2d 789 (Ind. 2001) (authorizes a weapons frisk during a lawful investigatory stop where officer reasonably believes the person is armed and dangerous)
- Buckley v. State, 886 N.E.2d 10 (Ind. Ct. App. 2008) (involuntary transportation to police station can indicate a seizure for Fourth Amendment purposes)