Marlon Jackson v. State of Indiana (mem. dec.)
49A04-1701-CR-89
| Ind. Ct. App. | Aug 8, 2017Background
- Police Officer Zotz observed Marlon Jackson driving a Cadillac in reverse for a considerable distance at ~10:00 p.m., stopping at a stop sign and then continuing backward.
- Officer Zotz activated lights and stopped the vehicle; he saw Jackson place a hat over the center floorboard tray and observed a digital scale in the center console when Jackson opened it.
- Zotz smelled raw marijuana on Jackson after he exited the vehicle, performed a pat-down and searched the vehicle, recovering a digital scale and marijuana residue; Jackson later admitted marijuana in his pocket and a clear bag with marijuana was found.
- A pill later suspected to be hydrocodone was found in Jackson’s undershorts at the APC; testing showed 8.49 grams of marijuana.
- Jackson moved to suppress evidence as violative of the Fourth Amendment and Article 1, Section 11 of the Indiana Constitution; the trial court denied the motion and the denial was appealed interlocutorily.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Jackson) | Held |
|---|---|---|---|
| Whether stop was supported by reasonable suspicion under the Fourth Amendment | Officer Zotz had reasonable suspicion because driving backwards for an extended distance at night was suspicious and justified an investigatory stop; additional observations (hat covering items, scales) supported search | Driving in reverse alone is not unlawful; analogous to Ransom—driving backward without a traffic violation does not justify stop | Stop was reasonable: totality of circumstances (unusual backward driving at night) gave reasonable suspicion to stop and investigate |
| Whether stop/search was reasonable under Indiana Const. Art. I, §11 | The intrusion was minimal and justified by public safety concerns; balancing test favors reasonableness | The stop/search violated state constitutional protections because backward driving alone is legally permissible and insufficient to justify intrusion | Under Litchfield balancing, degree of concern, minimal intrusion, and law‑enforcement need justified the stop/search; suppression denied |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (established investigatory stop/reasonable suspicion framework)
- United States v. Sokolow, 490 U.S. 1 (reasonable suspicion requires some objective justification; totality of circumstances)
- Ransom v. State, 741 N.E.2d 419 (Ind. Ct. App.) (driving in reverse alone, absent a traffic violation, did not justify a stop)
- Polson v. State, 49 N.E.3d 186 (reasonable suspicion assessed under totality of circumstances)
- Litchfield v. State, 824 N.E.2d 356 (Indiana Const. reasonableness balancing test)