J.R. v. State of Indiana
89 N.E.3d 408
Ind. Ct. App. Recl.2017Background
- At ~8:30 p.m., police were dispatched to a Family Dollar lot reporting three Black males in dark clothing attempting to open vehicles.
- Officers encountered three males who fled; shortly after, Officers Snow and Klonne stopped 16-year-old J.R. and another male who matched the description (J.R. wore black with white Adidas stripes).
- J.R. refused commands, walked away, ignored orders to stop, and was handcuffed after Officer Snow caught him.
- After an initial pat-down that revealed nothing, Officer Snow observed J.R. moving his legs and adjusting his clothing; a second pat-down (including a sweep up the left leg to the groin) unearthed a handgun.
- The State charged J.R. in juvenile court with dangerous possession of a firearm and carrying a handgun without a license; the court adjudicated both allegations true and placed J.R. on probation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the second pat-down violated the Fourth Amendment | J.R.: No reasonable suspicion he was armed; search unreasonable | State: Officer had specific, objective facts (flight, noncompliance, furtive movements) supporting weapon frisk | Court: Terry frisk reasonable; second pat-down lawful under Fourth Amendment |
| Whether the second pat-down violated Article 1, § 11 of the Indiana Constitution | J.R.: Indiana clause independently prohibits the frisk | State: Totality of circumstances justified frisk for officer safety | Court: Under Litchfield factors, frisk reasonable; no Indiana-constitutional violation |
| Whether dual adjudications (dangerous possession and carrying without a license) violate double jeopardy/common law protections | J.R.: Two adjudications based on one gun amount to double jeopardy | State: Conceded carrying-without-license should be vacated | Court: Vacated carrying-without-license because that statute applies only to adults; minor can only be adjudicated for dangerous possession |
| Remedy / Remand | J.R.: Vacatur of improper adjudication and resentencing if needed | State: Agreed adjudication should be vacated | Court: Affirmed dangerous-possession adjudication; vacated carrying-without-license adjudication; remanded with instructions |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (officer may conduct a weapons frisk based on reasonable belief suspect is armed and dangerous)
- Litchfield v. State, 824 N.E.2d 356 (Ind. 2005) (Indiana search-and-seizure reasonableness assessed under totality of circumstances with specified factors)
- State v. Gerschoffer, 763 N.E.2d 960 (Ind. 2002) (state bears burden to show search reasonableness under Indiana Constitution)
- Baniaga v. State, 891 N.E.2d 615 (Ind. Ct. App. 2008) (Indiana clause interpreted independently of Fourth Amendment)