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Teen's Fourth Amendment rights not violated

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Debating in a footnote whether a juvenile's argument that his Fourth Amendment rights were violated was subject to a Terry stop analysis, the Indiana Court of Appeals decided to apply the Terry analysis to his case. The appellate court affirmed his adjudication of committing Class A misdemeanor resisting law enforcement if committed by an adult.

In the case In re: J.D. v. State of Indiana, No. 49A04-0808-JV-490, J.D. appealed the finding he committed resisting law enforcement after he ran away from police. J.D. was on a front porch of a house with other minors and there were open and empty containers of alcohol on the porch. Police, who came to the house after seeing J.D. and another juvenile head toward it, saw a few empty beer cans sitting near J.D. The police told everyone to sit down and they would be given breath tests. J.D. ran away, struggled with police and had to be tasered before complying.

J.D. argued the juvenile court erred in admitting evidence about what happened that night because it flowed from his seizure, which he claims violated his rights under the Fourth Amendment and the Indiana Constitution.

In analyzing his Fourth Amendment claim, the appellate judges debated whether Terry v. Ohio, 392 U.S. 1 (1968), or State v. Atkins, 834 N.E.2d 1028, 1032 (Ind. Ct. App. 2005), which cited Illinois v. Wardlow, 528 U.S. 119 123 120 S.Ct.673, 145 L.Ed.2d 570 (2000), applied to J.D.'s case. Atkins ruled the Terry stop and frisk rule applied only to a brief encounter with a citizen and a police officer on a public street. Judge Ezra Friedlander wrote the Atkins case may have too literally read from Wardlow that that a Terry stop only applies under the stated circumstances of that case: when a citizen encounters a police officer and the encounter happens on a public street.

The judge continued in the footnote that the appellate court need not decide whether it agrees with this aspect of Atkins because J.D. doesn't argue that the Terry analysis doesn't apply in this situation. He just argues that the "reasonable suspicion" element isn't satisfied. As such, the Court of Appeals applied the Terry analysis to J.D.'s case.

The police saw minors sitting on a porch with empty cans of alcohol and even though police didn't see J.D. drink the beer, the fact he was near the empty cans and that he is a minor is sufficient to cause an ordinarily prudent person to believe criminal activity had happened or was about to happen, wrote Judge Friedlander. Considering the totality of the circumstances, there was reasonable suspicion and J.D.'s detention didn't violate Fourth Amendment principles or Article 1, Section 11 of the Indiana Constitution.

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  1. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

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  3. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  4. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  5. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

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