Craig E. WHATLEY, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.
No. 36A05-9806-CR-307.
Court of Appeals of Indiana.
April 8, 1999.
708 N.E.2d 66
[REDACTED] In keeping with this analysis, Linck asks this court to rely upon a pre-Elstad decision from our Supreme Court which specifically held that, when a confession is suppressed because it was unlawfully obtained, evidence which is inextricably bound to the confession must also be suppressed. Hall v. State (1976) 264 Ind. 448, 453, 346 N.E.2d 584, 588, reh‘g denied. We readily recognize that because Hall was decided before Elstad, the decision contains no discussion regarding the distinction between a mere violation of Miranda and an infringement of the Fifth Amendment. Therefore, the validity of the proposition set forth in Hall, upon which Linck relies, may be questioned. Nonetheless, we are bound by that holding until our Supreme Court concludes otherwise or the United States Supreme Court addresses this issue. Because the bags of marijuana were inextricably bound to the statements Linck made disclosing their location, they must be suppressed. The trial court did not err by granting the motion to suppress all of Linck‘s statements made after he admitted smoking the marijuana and the bags of marijuana discovered in his apartment.
As heretofore noted, the trial court erred in suppressing Linck‘s admission that he “had just smoked a joint.” However, that admitted use was not the subject of the Class D felony charge which was dismissed as a result of the ruling upon the Motion to Suppress. The error, therefore, had no effect upon the proceedings before us on appeal.
The judgment is affirmed.
SHARPNACK, C.J., and BROOK, J., concur.
Jeffrey A. Modisett, Attorney General of Indiana, Randi E. Froug, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellee.
OPINION
RUCKER, Judge
When a motor carrier inspector found Craig E. Whatley completely nude in the cab of his semi-trailer truck he was arrested for and ultimately found guilty of public indecency as a Class A misdemeanor. He now appeals raising three issues for our review which we consolidate into two and rephrase as follows: (1) is the cab of a semi-trailer truck a public place within the meaning of the public indecency statute, and (2) was the evidence sufficient to sustain the conviction.
We affirm.
Whatley is an independent operator who owns a semi-trailer truck equipped with a sleeping berth. On September 11, 1997, Whatley was driving his semi northbound on Interstate 65 when he pulled into a weigh station east of Seymour, Indiana. A state police motor carrier inspector approached the semi to check whether the driver was wearing a seat belt or in possession of a radar detector, firearms, or drugs. The inspector asked Whatley to open the door to his cab. He did so and the inspector observed that Whatley was completely nude. When asked why he was nude, Whatley replied that he was in too big a hurry to get dressed. The inspector shut down the scales, called for backup assistance, and redirected traffic. Ultimately Whatley was arrested for and charged with public indecency. After a bench trial he was found guilty as charged. This appeal followed.
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“Public place” is defined neither by the public indecency statute nor by the public intoxication statute. However on numerous occasions in the context of public intoxication we have defined public place consistent with the definition in Long. See, e.g., Price v. State, 600 N.E.2d 103, 115 (Ind.Ct.App.1992), vacated in part by Price v. State, 622 N.E.2d 954 (Ind.1993) (finding that a public place “is
We acknowledge that one‘s vehicle may indeed be a “home on wheels” and thus under some circumstances riding in the buff presents no violation of law. See, e.g., Moore v. State, 634 N.E.2d 825, 827 (Ind.Ct.App.1994) (holding that a residence is not a public place); Sloane v. State, 686 N.E.2d 1287, 1292 (Ind.Ct.App.1997) (recognizing strong expectation of privacy in one‘s home). However, we have no hesitation concluding that a person driving a semi-trailer truck on this state‘s highways is in a public place, that is, a place where members of the public are free to go without restraint. Whatley‘s argument on this point fails.
[REDACTED] Whatley next contends the evidence was insufficient to sustain his conviction. Whatley concedes that he “appeare[d] in a state of nudity.”1 He argues however that he was observed only because of the inspector‘s command to open his cab door. Whatley also argues that he did not knowingly or intentionally commit a violation of law; rather he merely showed a lapse of good judgment. Our standard of review is well settled. When reviewing a claim of insufficient evidence we do not reweigh evidence or judge witness credibility. Nield v. State, 677 N.E.2d 79, 81 (Ind.Ct.App.1997). Rather, we consider only the evidence favorable to the verdict and any reasonable inferences to be drawn therefrom. Id. Contrary to Whatley‘s assertion it is not the observation of his nudity that the statute proscribes. Rather the prohibition is against Whatley‘s appearance in a public place in a state of nudity. The observation is simply evidence of that which occurred. As for Whatley‘s second claim, the law presumes that a person intends the consequences of his act. Austin v. State, 425 N.E.2d 736, 738 (Ind.Ct.App.1981). Further, whether conduct is “knowingly” and “intentionally” performed may be inferred from the voluntary commission of the prohibited act as well as from the surrounding circumstances. Carty v. State, 421 N.E.2d 1151, 1155 (Ind.Ct.App.1981). In this case the evidence of record is sufficient to show that Whatley knowingly and intentionally appeared in a public place in a state of nudity.
Judgment affirmed.
DARDEN, J., concurs.
SULLIVAN, J., concurs in result with opinion.
SULLIVAN, Judge, concurring in result
Notwithstanding my concurrence in Atkins v. State (1983) Ind.App., 451 N.E.2d 55, I am somewhat troubled by the extension of the public intoxication definition of “public place” to the public indecency statute. It appears that our past decisions in the public intoxication context have been driven by policy considerations. However, as noted by the majority, a public place must be accessible to the public, and I find it difficult to accept the
As stated in Thompson v. State (1985) Ind.App., 482 N.E.2d 1372, 1375, (quoting Lasko v. State (1980) Ind.App., 409 N.E.2d 1124, 1128-29):
“[The purpose of the statute is] to protect the non-consenting viewer who might find such a spectacle repugnant.”2
Common sense and human experience tells us that the usual highway vehicle traveler, whether walking, in an automobile, pick-up truck, or motorcycle would not have his moral sensibilities offended by the driver of a tractor-trailer rig who could not be viewed by the unsuspecting traveler. Only the occupant of a bigger big-truck or a low flying helicopter would be likely to observe defendant‘s bizarre lack of attire. In this context, therefore, as did our Supreme Court in Chubb v. State (1994) Ind., 640 N.E.2d 44, 47 reh‘g denied, I would hold that while he was traveling upon the public highway in his vehicle, Whatley was not “visible to the casual public eye” and was therefore not in a public place.3
The situation was relevantly altered, however, when Whatley knowingly drove his vehicle into the weigh station. Because operators of tractor-trailer rigs are required to stop at such stations, there can be little doubt that Whatley knew of the likelihood that a motor carrier inspector would approach his vehicle in that place accessible to all similar drivers and that he might be requested to exit the vehicle.
It is this circumstance which permits me to agree with the conclusion that Whatley knowingly and intentionally appeared in a public place in a state of nudity and which permits me to concur in affirmance of the judgment.