963 N.E.2d 530
Ind. Ct. App.2012Background
- Yanez was convicted of possession of marijuana, a Class A misdemeanor, after a bench trial.
- The stop occurred at an Indianapolis flea market during Operation Community Shield, initiated by Special Agent Rodriguez and assisted by Officer Humerickhouse.
- Yanez consented to a pat-down; a baggie of marijuana was observed during the pat-down.
- Yanez moved to suppress the marijuana evidence on the theory the stop was unconstitutional; the trial court denied the motion.
- On appeal, the dispositive issue was whether the stop violated Indiana Constitution Article I, § 11, and the court reversed and remanded for suppression of the marijuana evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was reasonable under Article I, §11 of the Indiana Constitution. | Yanez contends the stop was unconstitutional. | State contends the stop was justified. | Stop invalid; evidence suppression required; reversed and remanded. |
Key Cases Cited
- Harper v. State, 922 N.E.2d 75 (Ind.Ct.App.2010) (de novo review of reasonable suspicion on stop; facts presumed from trial court)
- Belvedere v. State, 889 N.E.2d 286 (Ind.2008) (totality of the circumstances framework for Section 11)
- State v. Washington, 898 N.E.2d 1200 (Ind.2008) (reasonableness under totality of circumstances)
- Litchfield v. State, 824 N.E.2d 356 (Ind.2005) (factors for evaluating seizure and intrusion)
- Powell v. State, 912 N.E.2d 853 (Ind.Ct.App.2009) (encounter may be consensual and not a seizure)
- Edmond v. State, 951 N.E.2d 585 (Ind.Ct.App.2011) (potential follow-up investigation after consensual encounter)
- Moran v. State, 644 N.E.2d 536 (Ind.1994) (Indiana Constitution applies to actions of federal officials in prosecutions)
- Moran v. State, 644 N.E.2d 536 (Ind.1994) ((duplicate to illustrate emphasis))