Polson v. State
2015 Ind. App. LEXIS 784
| Ind. Ct. App. | 2015Background
- Police received a 911 call from a named concerned citizen reporting a suspicious man walking on a rural road who appeared “under the influence” and had something large tucked under his shirt.
- Sergeant Cooley located Nathan Poison, who matched the caller’s description (black shirt, build, facial complexion, bulge under shirt) and parked facing him without lights on; Cooley asked Poison to approach.
- Poison gave an implausible explanation (walking to a gas station over two miles away), acted nervous, sweaty, evasive, and initially refused to show what was under his shirt.
- When asked, Poison briefly exposed the left side (empty) and then revealed the gun handle on the right side; Cooley drew his firearm, ordered compliance, and backup was requested.
- Poison removed the gun and tossed it into a ditch; officers retrieved the gun, cleared and bagged it; Poison had no carry permit and a prior felony conviction.
- Poison was charged with Level 5 felony carrying a handgun without a license, moved to suppress the gun as seized in violation of the Fourth Amendment, the motion was denied, and he was convicted and sentenced to four years; he appealed only the Fourth Amendment seizure issue.
Issues
| Issue | Poison's Argument | State's Argument | Held |
|---|---|---|---|
| Whether officer had reasonable suspicion for an investigatory stop (Terry) | Cooley lacked reasonable suspicion because Poison was lawfully walking on a public road and nervousness alone does not justify a stop | Concerned-citizen tip corroborated by matching description, implausible itinerary, nervous/evasive behavior, and visible bulge created reasonable suspicion | Court held totality of circumstances gave reasonable suspicion; stop and resulting seizure were lawful |
| Whether admission of the recovered handgun into evidence was an abuse of discretion | Seizure of the gun violated Fourth Amendment and thus admitting it was erroneous | Gun was lawfully discovered during a permissible Terry stop and properly seized and preserved | Court found no abuse of discretion admitting the gun; conviction affirmed |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (establishes stop-and-frisk/reasonable-suspicion standard for brief investigative detentions)
- Kellems v. State, 842 N.E.2d 352 (Ind. 2006) (concerned-citizen tip corroboration can supply reasonable suspicion for a Terry stop)
- Finger v. State, 799 N.E.2d 528 (Ind. 2003) (multiple innocuous facts viewed together can establish reasonable suspicion)
- Florida v. Rodriguez, 469 U.S. 1 (1984) (nervous, evasive behavior is a relevant factor in reasonable-suspicion analysis)
- Campos v. State, 885 N.E.2d 590 (Ind. 2008) (nervousness plus other factors can support investigatory stop)
- Pawloski v. State, 380 N.E.2d 1230 (Ind. 1978) (public-spirited citizen tips are valuable and often reliable for law enforcement)
- Wells v. State, 904 N.E.2d 265 (Ind. Ct. App. 2009) (appellate review of evidentiary-admission rulings is for abuse of discretion)
- Jackson v. State, 890 N.E.2d 11 (Ind. Ct. App. 2008) (admissibility review same whether by suppression motion or trial objection)