Jermaine Hines v. State of Indiana, 2013 Ind. App. LEXIS 17

Hines appeals his Class B felony conviction for unlawful possession of a firearm by a serious violent felon, which the court affirms.
Shooting occurred March 21, 2011 at Rick’s Mart; Det. Rayford investigated and identified Hines as a person of interest.
Hines voluntarily spoke with Rayford, then fled when confronted by officers on May 24, 2011 after being spotted leaving a suspected drug house.
Officers pursued Hines; during the chase he threw a handgun, which was later recovered at 2309 Hendricks Street.
Hines was charged June 8, 2011 with resisting law enforcement (Count I) and unlawful possession of a firearm by a SVF (Count II); motions to suppress were litigated; the court denied relief.
At trial (April 2012), the jury found Hines guilty of SVF firearm and he was sentenced to 18 years.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the firearm was admissible given alleged unlawful seizure.	Hines: detention without probable cause; abandonment occurred only after illegitimate seizure.	Hines: abandonment occurred after lawful detention; otherwise, suppression should apply.	The firearm was admissible; detention supported by reasonable suspicion; abandonment valid; offense affirmed.

Brooks v. State, 934 N.E.2d 1234 (Ind. Ct. App. 2010) (abuse of discretion standard for admissibility of evidence; Terry stop framework respected)
Illinois v. Wardlow, 528 U.S. 119 (US 2000) (unfavored flight as indicia of criminal activity supporting stop)
Hall v. State, 975 N.E.2d 401 (Ind. Ct. App. 2012) (abandonment analyzed by intent and objective facts; privacy expectations in abandoned property)
Seide, 939 N.E.2d 679 (Ind. Ct. App. 2010) (privacy expectations and abandonment analysis)
Campbell v. State, 841 N.E.2d 624 (Ind. Ct. App. 2006) (abandonment where defendant relinquishes possessory interest)
Trotter v. State, 933 N.E.2d 572 (Ind. Ct. App. 2010) (illegally seized evidence remedy; suppression framework)