State of Indiana v. Robert Owens
2013 Ind. App. LEXIS 390
| Ind. Ct. App. | 2013Background
- Officer Shipley observed Owens emerge from behind a building in a high-crime area and detect odor of marijuana as he approached.
- Owens swallowed something and hid something at the rear of his waistband; he admitted swallowing a half blunt.
- Owens resisted by fleeing, was tackled twice, head-butted a sergeant, and was observed reaching into his shorts during the confrontations.
- A baggie containing a white powdery substance and a baggie fell during the struggle; Owens was tased after additional resistance.
- The trial court granted Owens’s motion to suppress evidence; the State appealed arguing taint dissipated and actions were reasonable.
- The Indiana Court of Appeals held that taint from the illegal stop was not dissipated and evidence tied to the stop should be suppressed, but evidence of flight and battery should not have been suppressed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did attenuation dissipate the taint from the illegal stop | State argued post-stop resistance severed the taint and allowed admission. | Owens contends taint remained; evidence should be suppressed. | Taint not dissipated; suppression required for cocaine evidence. |
| Whether flight and battery evidence were admissible despite the illegal stop | Actions after stop were intervening acts; the evidence is admissible. | Suppression should extend to all evidence tied to the tainted stop unless attenuated. | Flight and battery evidence should be suppressed only if taint is considered; majority held they should not be suppressed, but the cocaine/blunt evidence is suppressed. |
| Application of attenuation factors under Brown v. Illinois and Quinn v. State | Intervening acts and lack of flagrant misconduct break the causal chain. | Attenuation applies; intervening acts purge taint. | Attenuation not established; causal chain remains tainted for cocaine evidence. |
Key Cases Cited
- Brown v. Illinois, 422 U.S. 590 (U.S. 1975) (three-factor attenuation test for taint)
- Wong Sun v. United States, 371 U.S. 471 (U.S. 1963) (taint analysis and attenuation concepts)
- U.S. v. Green, 111 F.3d 515 (7th Cir. 1997) (attenuation and whether evidence is fruit of taint)
- Quinn v. State, 792 N.E.2d 597 (Ind.Ct.App. 2003) (three-factor attenuation framework)
- Cole v. State, 878 N.E.2d 882 (Ind.Ct.App. 2007) (distinguishes cases where taint purges due to defendant’s own actions)