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Majority reverses teen’s underage drinking adjudication

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The Indiana Court of Appeals wanted to make a point “loud and clear” Tuesday: Suspicion of criminal activity is not an exception to the warrant requirement. The majority reversed a teen’s adjudication as a delinquent based on acts of illegal possession of alcohol, illegal consumption of alcohol, and aiding illegal consumption of alcohol.

Police received reports of teens riding around in a shopping cart at 1 a.m. being loud and causing dogs to bark. Police saw a shopping cart in a truck parked in front of J.K.’s house. The truck belonged to T.T. Believing the cart to be stolen, the officers called for a tow truck. While waiting for the truck, officers went around the house to make sure no one would flee. Inside, officers saw empty alcohol containers. Police knocked on the front door for nearly an hour until T.T. came out. He only came out because he saw the tow truck. J.K. also came outside at that point; both appeared intoxicated. The officers then went inside and did a sweep of the house and found additional evidence of underage drinking.

J.K. argued that evidence was admitted at his fact-finding hearing in violation of his rights under the Fourth Amendment to the United States Constitution. The COA addressed three warrantless entries: entry onto J.K.’s curtilage by two officers; the nearly hour-long span during which the officers remained on J.K.’s front porch and yard, knocking and yelling into the house; and the officers’ entry into J.K.’s residence.

The state argued the officers’ warrantless entries onto J.K.’s curtilage and into his home were justified by exigent circumstances – to make sure suspects didn’t flee. But the officers didn’t see anyone fleeing from the back of the house. As such, the evidence obtained as a result of the violation – the sight of empty alcohol containers – and any suspicion resulting from that evidence is tainted and subject to the exclusionary rule, Judge Margret Robb wrote for the majority.

The knock-and-talk was an unconstitutional search in violation of the Fourth Amendment. The officers’ actions in this case extended well beyond the implied invitation to approach a citizen’s front door, the majority held. The officers had no reason to believe someone inside was injured or in danger. Underage drinking is not a circumstance that as a general matter creates a threat of imminent injury. The majority also rejected the state’s claim the officers’ conduct was justified because they believed the shopping cart in the truck was stolen.

“There is no doubt that the officers’ conduct in this case went far beyond anything that would ordinarily be expected to occur on one’s doorstep. If three men with guns and flashlights were to surround the average person’s home in the wee hours of the morning, knock for over forty-five minutes, and yell inside demanding the occupants open the door, this situation would … inspire that homeowner to call the police,” Robb wrote in J.K. v. State of Indiana, 66A03-1306-JS-220.

Senior Judge Randall T. Shepard dissented, believing it was reasonable for the officers to wait for the tow truck to arrive. He also found it reasonable for the officers to arrest J.K. and T.T. once they stepped outside and appeared to be under the influence.

“The trial judge concluded that the officers, having seen T.T. and J.K. in this state, were warranted in entering the home to assure the safety of the other occupants. It seemed highly likely there were other occupants in light of the large number of cars parked out front, and we read almost daily about the sad consequences of teenage drinking parties,” he wrote.

 

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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