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COA upholds stop of teen with gun

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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.”

 

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  1. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  2. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  3. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

  4. His brother was a former prosecuting attorney for Crawford County, disiplined for stealing law books after his term, and embezzeling funds from family and clients. Highly functional family great morals and values...

  5. Wondering if the father was a Lodge member?

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