ILNews

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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  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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