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Court properly admitted gun into evidence

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The Indiana Court of Appeals upheld a man’s conviction of Class B felony unlawful possession of a firearm by a serious violent felon, rejecting his argument that the gun he tossed away while running from police should not have been admitted into evidence.

In Jermaine Hines v. State of Indiana, 48A02-1206-CR-442, Anderson police believed Hines may have been involved in a shooting at a gas station based on interviews with several witnesses. Police decided they wanted to talk to Hines again – he had previously denied involvement in the shooting – and saw him leaving a home on a moped that was the base for drug trafficking.

Uniformed offices in a marked car saw Hines at the gas station and called out to Hines that they wanted to speak to him. Hines sped off on his moped, later crashing it and running from police on foot. While the officers were chasing him on foot, they saw Hines throw something and heard it hit against a house. Hines tossed a .45 caliber handgun.

He was charged with resisting law enforcement and unlawful possession of a firearm by a serious violent felon, but only convicted of the firearm charge. His motion to suppress the evidence was denied.

Hines argued that the police did not have legal cause to detain him, and, as a result, he was free to decline to speak with the officers. He conceded that the firearm was abandoned, but he claimed that it was abandoned only after law enforcement officers attempted to illegally seize him, so the trial court should have denied the state’s request to admit the firearm into evidence.

Judge Rudolph Pyle III, writing for the court, concluded that the police had reasonable suspicion of criminal activity to detain Hines based on information from witnesses of the shooting, the observation that Hines left a drug house, and when officers approached him to speak, Hines fled.

The judges agreed with the state that the seizure of the firearm isn’t subject to protections of the Fourth Amendment because Hines abandoned it. The facts of the case show Hines’ intention to relinquish any possessory interest in the firearm by tossing it as he fled from the officers, Pyle wrote.

 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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