Kelly C. Mullen v. State of Indiana
55 N.E.3d 822
Ind. Ct. App.2016Background
- Officers observed a well-known high-crime apartment complex (the Villages) with posted no-loitering signs and prior complaints of drug activity and gun violence. Management had asked police to stop and identify persons on the property.
- Detective Deshaies observed a large group of males loitering in an interior hallway; some leaned out of the doorway and looked up and down the exterior — conduct he associated with open-air drug sales.
- When an officer entered the opposite doorway, two men (including Mullen) hurriedly exited, hugged close to the building while moving quickly, and kept looking back toward the doorway they left.
- Officers approached, identified themselves, and shone a flashlight; Mullen stopped voluntarily, produced ID, gave evasive answers about his residence, adopted an angled/fighting stance, and repeatedly said officers could not search him.
- After Mullen stated he had a knife and reached toward his pocket/waist, officers grabbed his wrists. A backup officer saw the outline of a gun; a 1911-style .45 handgun was recovered from Mullen’s waistband. Mullen moved to suppress the gun; the trial court denied the motion and certified the denial for interlocutory appeal.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Mullen) | Held |
|---|---|---|---|
| Whether police conduct before the wrist grab constituted a seizure requiring justification | The initial encounter was consensual or, if a seizure, officers had reasonable suspicion to effect a Terry stop based on loitering, lookout behavior, and rapid exit | Mullen argues he was detained from the outset and the stop lacked reasonable suspicion; therefore the gun was seized in violation of the Fourth Amendment | Court assumed arguendo a seizure at stopping and held facts supported reasonable suspicion for an investigatory stop; the stop and subsequent conduct were lawful |
| Whether Terry stop framework applies on private property (curtilage) | Terry-type suspicion analysis applies where officers observed behavior indicative of criminal activity on private property, especially where occupant status was uncertain | Mullen argued Terry should not apply merely because encounter occurred on private property (citing Atkins) | Court rejected a bright-line public/private rule; Terry can apply on private property where facts supply reasonable suspicion (relying on Hardister and related cases) |
| Whether officers had reasonable suspicion Mullen was armed and dangerous to justify securing him and conducting a search for weapons | Officers point to Mullen’s angled/fighting stance, evasive answers about residence, verbal refusal to be searched, statement he had a knife, and reaching toward his waist | Mullen contends his posture, location, and time of night are insufficient alone to establish reasonable suspicion of weapons | Court held a reasonably prudent officer could believe Mullen was armed and dangerous; patdown/seizure of weapon was justified; suppression properly denied |
| Whether evidence should be suppressed as product of unconstitutional detention | State bears burden to show exception to warrant requirement; here the stop and frisk fall under Terry exceptions | Mullen seeks suppression because he views the encounter as an unsupported detention/search | Court affirmed denial of suppression — evidence admissible because investigatory stop and weapons search were supported by reasonable suspicion |
Key Cases Cited
- Robinson v. State, 5 N.E.3d 362 (Ind. 2014) (standard of review for suppression rulings)
- Lewis v. State, 949 N.E.2d 1243 (Ind. 2011) (constitutional questions reviewed de novo)
- Clark v. State, 994 N.E.2d 252 (Ind. 2013) (tests for consensual encounters versus seizures)
- Terry v. Ohio, 392 U.S. 1 (1968) (Terry stop and frisk principles; reasonable suspicion and officer safety exception)
- Hardister v. State, 849 N.E.2d 563 (Ind. 2006) (Terry stops may be justified on private property where flight/other facts supply reasonable suspicion)
- Atkins v. State, 834 N.E.2d 1028 (Ind. Ct. App. 2005) (discussion of limits on Terry on private property; relied on by defendant but distinguished)
- J.B. v. State, 30 N.E.3d 51 (Ind. Ct. App. 2015) (summary of reasonable suspicion/Terry stop framework)
- Wilson v. State, 745 N.E.2d 789 (Ind. 2001) (officer need not be certain an individual is armed; reasonable belief suffices for protective search)