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Majority reverses teen’s underage drinking adjudication

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The Indiana Court of Appeals wanted to make a point “loud and clear” Tuesday: Suspicion of criminal activity is not an exception to the warrant requirement. The majority reversed a teen’s adjudication as a delinquent based on acts of illegal possession of alcohol, illegal consumption of alcohol, and aiding illegal consumption of alcohol.

Police received reports of teens riding around in a shopping cart at 1 a.m. being loud and causing dogs to bark. Police saw a shopping cart in a truck parked in front of J.K.’s house. The truck belonged to T.T. Believing the cart to be stolen, the officers called for a tow truck. While waiting for the truck, officers went around the house to make sure no one would flee. Inside, officers saw empty alcohol containers. Police knocked on the front door for nearly an hour until T.T. came out. He only came out because he saw the tow truck. J.K. also came outside at that point; both appeared intoxicated. The officers then went inside and did a sweep of the house and found additional evidence of underage drinking.

J.K. argued that evidence was admitted at his fact-finding hearing in violation of his rights under the Fourth Amendment to the United States Constitution. The COA addressed three warrantless entries: entry onto J.K.’s curtilage by two officers; the nearly hour-long span during which the officers remained on J.K.’s front porch and yard, knocking and yelling into the house; and the officers’ entry into J.K.’s residence.

The state argued the officers’ warrantless entries onto J.K.’s curtilage and into his home were justified by exigent circumstances – to make sure suspects didn’t flee. But the officers didn’t see anyone fleeing from the back of the house. As such, the evidence obtained as a result of the violation – the sight of empty alcohol containers – and any suspicion resulting from that evidence is tainted and subject to the exclusionary rule, Judge Margret Robb wrote for the majority.

The knock-and-talk was an unconstitutional search in violation of the Fourth Amendment. The officers’ actions in this case extended well beyond the implied invitation to approach a citizen’s front door, the majority held. The officers had no reason to believe someone inside was injured or in danger. Underage drinking is not a circumstance that as a general matter creates a threat of imminent injury. The majority also rejected the state’s claim the officers’ conduct was justified because they believed the shopping cart in the truck was stolen.

“There is no doubt that the officers’ conduct in this case went far beyond anything that would ordinarily be expected to occur on one’s doorstep. If three men with guns and flashlights were to surround the average person’s home in the wee hours of the morning, knock for over forty-five minutes, and yell inside demanding the occupants open the door, this situation would … inspire that homeowner to call the police,” Robb wrote in J.K. v. State of Indiana, 66A03-1306-JS-220.

Senior Judge Randall T. Shepard dissented, believing it was reasonable for the officers to wait for the tow truck to arrive. He also found it reasonable for the officers to arrest J.K. and T.T. once they stepped outside and appeared to be under the influence.

“The trial judge concluded that the officers, having seen T.T. and J.K. in this state, were warranted in entering the home to assure the safety of the other occupants. It seemed highly likely there were other occupants in light of the large number of cars parked out front, and we read almost daily about the sad consequences of teenage drinking parties,” he wrote.

 

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  1. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  2. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  3. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  4. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  5. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

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