ILNews

Teen's Fourth Amendment rights not violated

Back to TopCommentsE-mailPrintBookmark and Share

Debating in a footnote whether a juvenile's argument that his Fourth Amendment rights were violated was subject to a Terry stop analysis, the Indiana Court of Appeals decided to apply the Terry analysis to his case. The appellate court affirmed his adjudication of committing Class A misdemeanor resisting law enforcement if committed by an adult.

In the case In re: J.D. v. State of Indiana, No. 49A04-0808-JV-490, J.D. appealed the finding he committed resisting law enforcement after he ran away from police. J.D. was on a front porch of a house with other minors and there were open and empty containers of alcohol on the porch. Police, who came to the house after seeing J.D. and another juvenile head toward it, saw a few empty beer cans sitting near J.D. The police told everyone to sit down and they would be given breath tests. J.D. ran away, struggled with police and had to be tasered before complying.

J.D. argued the juvenile court erred in admitting evidence about what happened that night because it flowed from his seizure, which he claims violated his rights under the Fourth Amendment and the Indiana Constitution.

In analyzing his Fourth Amendment claim, the appellate judges debated whether Terry v. Ohio, 392 U.S. 1 (1968), or State v. Atkins, 834 N.E.2d 1028, 1032 (Ind. Ct. App. 2005), which cited Illinois v. Wardlow, 528 U.S. 119 123 120 S.Ct.673, 145 L.Ed.2d 570 (2000), applied to J.D.'s case. Atkins ruled the Terry stop and frisk rule applied only to a brief encounter with a citizen and a police officer on a public street. Judge Ezra Friedlander wrote the Atkins case may have too literally read from Wardlow that that a Terry stop only applies under the stated circumstances of that case: when a citizen encounters a police officer and the encounter happens on a public street.

The judge continued in the footnote that the appellate court need not decide whether it agrees with this aspect of Atkins because J.D. doesn't argue that the Terry analysis doesn't apply in this situation. He just argues that the "reasonable suspicion" element isn't satisfied. As such, the Court of Appeals applied the Terry analysis to J.D.'s case.

The police saw minors sitting on a porch with empty cans of alcohol and even though police didn't see J.D. drink the beer, the fact he was near the empty cans and that he is a minor is sufficient to cause an ordinarily prudent person to believe criminal activity had happened or was about to happen, wrote Judge Friedlander. Considering the totality of the circumstances, there was reasonable suspicion and J.D.'s detention didn't violate Fourth Amendment principles or Article 1, Section 11 of the Indiana Constitution.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  2. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  3. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  4. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

  5. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

ADVERTISEMENT