ILNews

COA upholds stop of teen with gun

Back to TopE-mailPrintBookmark and Share

The Indiana Court of Appeals found the stop by police of a teen at a summer expo in Indianapolis who had a loaded gun in his waistband didn’t violate the teen’s state or federal constitutional rights. The appellate court also concluded the juvenile court’s comments to the teen’s father don’t require a remand.

Teen W.H. was attending Black Expo in Indianapolis when police officers who were in a building above where W.H. was standing outside thought he may have a gun. The officers saw him lift his shirt, make hand movements toward his waist, and show something from his waistband. The officers radioed a description to police near the street corner, which had approximately 50 to 100 people on it.

Officers detained W.H., who matched the description. He initially tried to resist and denied he had a gun. Police found a gun in his waistband. He was charged with various offenses, including Class A misdemeanor carrying a handgun without a license.

W.H. moved to suppress evidence because he thought it was the result of an unconstitutional search; the juvenile court denied the motion. At the hearing, W.H.’s father addressed the court, saying he was concerned that anyone could have fit the description given by the officers. The judge reinforced that W.H. had a loaded gun.

In W.H. v. State of Indiana, No. 49A02-0912-JV-1166, the appellate court affirmed W.H.’s federal and state constitutional rights weren’t violated by the stop and search by the officers. The police officers who stopped W.H. were alerted by other officers and had reasonable suspicion to stop him. The officers could reasonably believe W.H. had a weapon in his waistband and was showing it off. The officers weren’t required to rule out innocent explanations of why W.H. was lifting up his shirt, wrote Judge Nancy Vaidik. Also based on the number of people around, the officers were monitoring the crowds for public safety. W.H.’s Fourth Amendment rights weren’t violated.

Nor were his rights violated under Article 1, Section 11 of the Indiana Constitution. Based on the degree of suspicion that W.H. had a gun, the brevity and unintrusive nature of the stop, and the need to maintain safety, the officers didn’t act unreasonably, the appellate court ruled.

W.H. also claimed that the juvenile court offered no explanation for the constitutional basis of its suppression ruling and the case should be remanded for the juvenile court to explain its reasons. But a trial court doesn’t have to enter findings of fact and conclusions of law in connection with a motion to suppress evidence, wrote Judge Vaidik. In addition, the record shows the juvenile court properly based its ruling on the constitutionality of the officers’ search.

“The juvenile court simply admonished W.H.’s father for permitting W.H. to attend the Black Expo with a loaded gun,” she wrote. “These comments were irrelevant to the determination of reasonable suspicion and the constitutionality of the police officers’ stop-and-frisk.”

 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. 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.

  2. what a wonderful world we are living, i still doubt this spell caster how he did it!!! i am Shechan Caroline am from Los Angeles I am so happy to let the whole word know how this powerful spell caster saved my marriage.Everything was going down the drain as my husband can not stop cheating on me with other women. It became used to always heating on me. I tried to make him stop, but I couldn't help the situation, the more I tried, the harder it becomes. At times we will fight and go apart for some months and we will come back again just because of our kids. One day a friend told me about this spell caster who helped her too, his name is Dr.oku, she said he uses white magic spells to solve spiritual problems. I decided to give it a try, I contacted him and he told me it will take just 2 to 3 days and I will see great changes in my husband. He actually cast a spell, believe me after 2 to 3 days of the spell, my husband was confessing different names of woman he has slept with. He begged for forgiveness and never to try it again. From that day till now, my mind is at rest. My husband dislike every other women on earth except me. And am so happy to have him for myself alone.The spell caster’s contact is okutemple@gmail.com or add him on whasapp +2347053113465?

  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  5. what a wonderful world we are living, i still doubt this spell caster how he did it!!! i am Tamara Barrow am from USA I am so happy to let the whole word know how this powerful spell caster saved my marriage.Everything was going down the drain as my husband can not stop cheating on me with other women. It became used to always heating on me. I tried to make him stop, but I couldn't help the situation, the more I tried, the harder it becomes. At times we will fight and go apart for some months and we will come back again just because of our kids. One day a friend told me about this spell caster who helped her too, his name is Dr.voodoo, she said he uses white magic spells to solve spiritual problems. I decided to give it a try, I contacted him and he told me it will take just 2 to 3 days and I will see great changes in my husband. He actually cast a spell, believe me after 2 to 3 days of the spell, my husband was confessing different names of woman he has slept with. He begged for forgiveness and never to try it again. From that day till now, my mind is at rest. My husband dislike every other women on earth except me. And am so happy to have him for myself alone.The spell caster’s contact his email at: voodoospelltemple66@gmail.com visit his website on http://drvodoospelltemple.webs.com

ADVERTISEMENT