Court split on burglary tipster issue

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A panel of Indiana Court of Appeals judges disagreed today as to whether the fact a tipster's identity was known by police was sufficient by itself to justify a police officer's stop of a juvenile.

In L.W. v. State of Indiana, No. 49A02-0909-JV-841, the majority concluded even though a tipster who identified himself to police as Brandon Shockley called to tell them that the burglary suspect officers were looking for was a tall, black male wearing a black shirt and black shoes, that information alone wasn't enough to justify an officer stopping L.W. for matching that description. When the officer approached L.W., he claimed L.W. looked like he wanted to run but didn't, and after a pat down, found he had a large number of coins in his pockets. A jug of coins was reported stolen in the burglary. After the officer learned a large amount of change was missing from the home, he arrested L.W. He then found some of the victim's jewelry and coins in L.W.'s pockets.

The officer didn't have reasonable suspicion to support an investigatory stop and the seizure violated L.W.'s Fourth Amendment rights, the majority concluded. Neither the U.S. Supreme Court nor Indiana Supreme Court has held that information from a tipster whose identity is known to police is sufficient per se to establish reasonable suspicion, wrote Judge Edward Najam for the majority. Law enforcement never verified Shockley's identity and didn't know how reliable he was prior to the stop. The majority used State v. Glass, 769 N.E.2d 639, 643 (Ind. Ct. App. 2002), to support their ruling.

"Reasonable suspicion requires more than mere conjecture," wrote Judge Najam. "The fact that a named caller with an untested reputation called the police does not in itself establish reasonable suspicion."

But Judge Cale Bradford dissented from his colleagues in their decision to reverse L.W.'s adjudication as a delinquent child for committing what would be Class B felony burglary, and Class D felony theft if committed by an adult. Judge Bradford believed the officer in the instant case met the threshold required to justify a Terry stop and that since Shockley's identity was known to police, that by itself justified the stop.

"Given that there are no circumstances casting suspicion on Shockley's honesty, his status as a concerned citizen further increases the reliability of his information," wrote Judge Bradford. "Finally, I believe that the tip indicates Shockley's inside knowledge, bolstering its reliability even more."


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  1. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.