ILNews

Court rules on police investigation methods

Michael W. Hoskins
January 1, 2007
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Admission of a handgun and related evidence has been tossed by an Indiana Court of Appeals panel on grounds that police who stopped the defendant and retrieved the weapon didn't have sufficient cause to do so.

The appellate court ruled today in Sarail Jamerson v. State of Indiana, No. 49A02-0608-CR-779, arising out of Marion Superior Court 19 and an investigatory stop in June 2006.

Three Indianapolis Police Department officers learned a county detective wanted them to locate the appellant-defendant Jamerson in connection with a carjacking at Lafayette Square Mall. Residents reported seeing him inside a parked car on the east side of Indianapolis, and the officers went there to find him.

Police found Jamerson and told him about the investigation. They allowed him to get back inside his car. Within a minute, officers observed a handgun being pulled from under the car seat and arrested Jamerson.

Later at trial, Jamerson argued that the officers did not have the necessary reasonable suspicion to detain him in an investigatory stop. The trial court denied his motion to suppress the evidence.

But the appellate panel of Judges Patrick Sullivan, Margret Robb, and Nancy Vaidik disagreed, finding that there's no adequate showing of reasonable suspicion needed for the stop that led up to the discovery of the handgun and subsequent conviction for possessing one without a license.

In making its decision, the court relied mostly on the notion that information obtained by one investigating officer may be relied on by other officials called in to assist, as long as the information-obtaining officer had reasonable suspicion in the first place. A tilting point came in the citation of State v. Murray, 837 N.E.2d 223,226 (Ind. Ct. App. 2005), that held police must relay reasonable suspicion to the investigating officer before the stop is made.

"We conclude the State has failed to demonstrate that Jamerson's reported link to the alleged illegal activity was anything more than an unparticularized hunch on the part of the unnamed reporting officer (detective)," the court wrote, reversing the lower decision and remanding with instruction to vacate the conviction.
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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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