Tyrone Grayson v. State of Indiana
2016 Ind. App. LEXIS 58
| Ind. Ct. App. | 2016Background
- At ~5:20 a.m., police dispatched after an anonymous tip that someone was "waving a firearm" in a silver/gray vehicle at Washington Point Apartments.
- Officer Schultz arrived quickly, saw a single silver/gray vehicle with headlights off; as he drove in, the vehicle pulled into a parking space.
- Officer Schultz activated lights, approached in uniform with a flashlight, spoke through the open driver window; driver identified himself as Tyrone Grayson and said he did not live at the complex.
- While speaking, Officer Schultz observed the butt of a handgun on the driver-side floorboard; Grayson falsely denied any firearms and lacked a permit.
- Officers secured Grayson, obtained his consent to search, removed the firearm, confirmed prior felonies, and arrested him for unlawful possession of a firearm by a serious violent felon.
- Grayson moved to suppress the gun as the product of an unlawful Terry stop based on an anonymous tip; the trial court admitted the firearm and convicted Grayson of a Class B felony. He appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers had reasonable suspicion to conduct an investigatory stop based on an anonymous tip | State: tip alleging someone waving a gun at an apartment complex, corroborated by vehicle description and quick police arrival, provided reasonable suspicion to approach | Grayson: anonymous tip lacked indicia of reliability and provided only public-details; corroboration was insufficient, so stop was unlawful | Court: Affirmed — reasonable suspicion existed because tip alleged imminent gun danger, police corroborated key details (vehicle, movement on arrival), and officer observed the gun in plain view |
Key Cases Cited
- Clark v. State, 994 N.E.2d 252 (Ind. 2013) (standards for review of evidence-admission and reasonable-suspicion analysis)
- Terry v. Ohio, 392 U.S. 1 (1968) (investigatory stop/frisk standard: reasonable suspicion that criminal activity may be afoot)
- Florida v. J.L., 529 U.S. 266 (2000) (anonymous tip lacking indicia of reliability generally insufficient for stop unless corroborated)
- Sellmer v. State, 842 N.E.2d 358 (Ind. 2006) (anonymous-tip corroboration and prediction-of-future-behavior requirements for reasonable suspicion)
- Holly v. State, 918 N.E.2d 323 (Ind. 2009) (discussion of encounter categories and suspicion standards)
- State v. Renzulli, 958 N.E.2d 1143 (Ind. 2011) (anonymously reported dangerous conduct may warrant immediate police response and investigatory stop)
- Brown v. Texas, 443 U.S. 47 (1979) (balancing individual privacy against public safety in stop contexts)