Jason Hansbrough v. State of Indiana
49 N.E.3d 1112
Ind. Ct. App.2016Background
- Hansbrough was convicted, after a bench trial, of unlawful possession of a firearm by a serious violent felon, a level 4 felony.
- Police stopped Hansbrough's black SUV on Interstate 69 for following too closely.
- During the stop, a narcotics-dog sniff was conducted after the officer observed what he believed to be marijuana shake.
- The canine alert led to a vehicle search, which uncovered a handgun under the driver’s seat.
- Hansbrough moved to suppress the evidence, arguing the dog sniff prolonged the stop in violation of his rights.
- The trial court denied the motion, and the evidence was admitted at trial over his objection; he was ultimately convicted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the dog sniff prolonged the stop | Hansbrough | Hansbrough | No abuse; sniff did not prolong the stop |
Key Cases Cited
- Rodriguez v. United States, 135 S. Ct. 1609 (2015) (stop not prolonged beyond mission unless additional facts)
- Illinois v. Caballes, 543 U.S. 405 (2005) (dog sniff during traffic stop limited to stop's mission)
- Austin v. State, 997 N.E.2d 1027 (Ind. 2015) (narcotics sweep not a search for Fourth Amendment purposes)
- Krise v. State, 746 N.E.2d 957 (Ind. 2001) (dog sweep not a search; Fourth Amendment applicability)
- Meredith v. State, 906 N.E.2d 867 (Ind. 2009) (review of suppression rulings deferential to trial court findings)
- Myers v. State, 839 N.E.2d 1146 (Ind. 2005) (dog sniff concurrent with ongoing stop; no error)