Gunn v. State
2011 Ind. App. LEXIS 1843
| Ind. Ct. App. | 2011Background
- Gunn was charged with Class A misdemeanor carrying a handgun without a license.
- Officer Wendling stopped Gunn for a left turn from Gateway Drive to High School Road into the outer lane.
- Gunn admitted a gun on his right hip; Gunn produced a permit, which expired three weeks earlier.
- Dispatcher verification showed the permit was not renewed; Gunn was arrested.
- Gunn moved to suppress as the stop was unlawful; the trial court denied; interlocutory appeal granted.
- Court holds the traffic stop was unlawful and suppresses the gun evidence, reversing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was supported by reasonable suspicion. | Gunn | Wendling lacked reasonable suspicion; the left turn complied with statute | Stop unlawful; suppression required. |
Key Cases Cited
- United States v. Arvizu, 534 U.S. 266 (2002) (reasonable suspicion standard for investigatory stops)
- State v. Belcher, 725 N.E.2d 92 (Ind.Ct.App. 2000) (Indiana adopted Terry framework for Article I, §11 stops)
- Taylor v. State, 639 N.E.2d 1052 (Ind.Ct.App.1994) (reasonable suspicion standard under Indiana Constitution)
- Ransom v. State, 741 N.E.2d 419 (Ind.Ct.App.2000) (stop permissible for minor traffic violation; objective reasonableness)
- Meredith v. State, 906 N.E.2d 867 (Ind.2009) (discretion must be reasonable; not mere guess)
- Goens v. State, 943 N.E.2d 829 (Ind.Ct.App.2011) (good faith belief about violation cannot justify stop when mistaken as a matter of law)
- Cash v. State, 593 N.E.2d 1267 (Ind.Ct.App.1992) (mere good faith not enough to justify Fourth Amendment intrusion)
- Terry v. Ohio, 392 U.S. 1 (1968) (establishes reasonable suspicion framework for stop)