J.B. v. State of Indiana
30 N.E.3d 51
| Ind. Ct. App. | 2015Background
- On July 12, 2014, Officer John Wallace observed 17-year-old J.B. and others walking; J.B. saw the marked police car and threw a small black L-shaped object into a yard.
- Wallace, trained in firearms identification and about 125 feet away, believed the discarded object was a handgun; he approached, detained J.B. and companions, and recovered a 9mm handgun from the yard.
- The State filed a juvenile delinquency petition alleging J.B. committed dangerous possession of a firearm (Class A misdemeanor). J.B. moved to suppress evidence obtained during the encounter.
- The juvenile court denied the suppression motion, finding reasonable suspicion justified the brief detention; after an evidentiary and dispositional hearing the court adjudicated J.B. delinquent and committed him to DOC custody.
- J.B. appealed, asserting Fourth Amendment and Indiana Constitution (art. I, §11) violations based on an unlawful detention that tainted the gun seizure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the brief detention and seizure violated the Fourth Amendment and Indiana Constitution, rendering the gun inadmissible | J.B.: Officer unlawfully detained him; any abandonment occurred after an illegal seizure so the gun should be suppressed | State: J.B. abandoned the gun before any seizure, and officer had reasonable, articulable suspicion to detain him after seeing him discard what appeared to be a handgun | The court affirmed: the gun was abandoned before seizure and the brief stop was supported by reasonable suspicion; no federal or state constitutional violation |
Key Cases Cited
- Conley v. State, 972 N.E.2d 864 (Ind. 2012) (standard for abuse of discretion in evidentiary rulings)
- Sanders v. State, 989 N.E.2d 332 (Ind. 2013) (Fourth Amendment protections applicable to states)
- Berry v. State, 704 N.E.2d 462 (Ind. 1998) (burden on State to prove warrant exception for warrantless searches)
- Gooch v. State, 834 N.E.2d 1052 (Ind. Ct. App. 2005) (abandoned property not protected by Fourth Amendment unless abandonment follows illegal detention)
- Hines v. State, 981 N.E.2d 150 (Ind. Ct. App. 2013) (test for abandonment and expectation of privacy)
- Wilson v. State, 825 N.E.2d 49 (Ind. Ct. App. 2005) (evidence admissible where bag was abandoned prior to seizure)
- Hardister v. State, 849 N.E.2d 563 (Ind. 2006) (Terry stop and permissible scope of investigatory detention)
- Patterson v. State, 958 N.E.2d 478 (Ind. Ct. App. 2011) (reasonable-suspicion review and appellate standard)
- Moultry v. State, 808 N.E.2d 168 (Ind. Ct. App. 2004) (facts supporting reasonable suspicion evaluated case-by-case)
- W.H. v. State, 928 N.E.2d 288 (Ind. Ct. App. 2010) (officers had reasonable suspicion where juvenile displayed item consistent with handgun possession)
- McIlquham v. State, 10 N.E.3d 506 (Ind. 2014) (article I, §11 balancing test: degree of suspicion, intrusion, and law enforcement needs)