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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. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

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