David Holbert v. State of Indiana
2013 Ind. App. LEXIS 488
| Ind. Ct. App. | 2013Background
- On Aug. 4, 2012, Melissa Allen saw an unknown man enter her neighbor's garage and then walk south on the public sidewalk; she called 9-1-1 and described the man.
- Speedway officers located David Holbert walking south matching Allen's description and stopped him with emergency lights activated.
- Officers immediately handcuffed Holbert and conducted a protective pat-down; they discovered a baggie of marijuana and a can of beer on his person.
- After being handcuffed, officers observed signs of intoxication (glassy, bloodshot eyes; odor of alcohol; swaying; slurred speech); Allen was brought to the scene and identified Holbert as the person she saw on private property.
- Holbert was charged with possession of marijuana (Class A misdemeanor) and public intoxication (Class B misdemeanor); at a bench trial he was convicted of both and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Legality of stop, handcuffing, frisk, and admission of evidence | State: Stop was supported by reasonable suspicion from witness report; protective search and frisk were permissible for suspected burglary; plain-feel seizure of marijuana valid | Holbert: While stop was permissible, placing him in handcuffs and pat-down exceeded Terry; marijuana not subject to plain-feel seizure | Court: Officers had reasonable suspicion for a burglary stop; protective frisk (including brief handcuffing) was automatic for suspected burglary; plain-feel identification of marijuana justified seizure; evidence admissible |
| 2. Sufficiency of evidence for public intoxication under amended statute | State: Holbert alarmed witness on private property and remained alarming when on the sidewalk, so public-intoxication elements satisfied | Holbert: Although intoxicated in public, State presented no evidence he met any of the four statutory criteria while in a public place | Court: Reversed — statute requires one of the four listed harms to occur while the defendant is in a public place; Holbert's alarming conduct occurred on private property and no qualifying conduct occurred in public |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (authorizes brief investigatory stops on reasonable, articulable suspicion)
- Minnesota v. Dickerson, 508 U.S. 366 (1993) (plain-feel doctrine permits seizure of contraband felt during lawful frisk)
- Moore v. State, 949 N.E.2d 343 (Ind. 2011) (Indiana Supreme Court decision prompting legislative amendment of public-intoxication statute)
- Halsema v. State, 823 N.E.2d 668 (Ind. 2005) (State bears burden to show an exception to the warrant requirement for warrantless searches)
- Jones v. State, 783 N.E.2d 1132 (Ind. 2003) (standard for sufficiency review; appellate court will not reweigh evidence)