In re J.D. v. State, 49A04-0808-JV-490
4th Dist., 03-09-09, Ind.App. 902 N.E.2d 293
Attorney: Karen Celestino-Horseman
Holding: Juvenile court did not err in denying Defendant’s motion to suppress evidence he claims was obtained in violation of article 1, section 11 of Indiana Constitution and Fourth Amendment to United States Constitution. Police officers observed juvenile sitting in very close proximity to open beer cans, with what appeared to be marijuana strewn about on the ground.
Officers instructed all individuals on front porch to walk out to the curb and sit down with their legs straight, and advised that they were going to administer portable breath tests. Defendant took off running, and was ultimately adjudicated delinquent for acts that would constitute two counts of resisting law enforcement and one count of battery on a police officer if they had been committed by an adult.
Defendant argued that police took Defendant into custody when they directed him to sit on curb and did so without reasonable suspicion to justify the detention. Court disagreed, noting that although officers did not witness Defendant actually drinking beer, the fact that he is a minor, coupled with his close proximity to open cans of beer on porch, was sufficient to cause an ordinarily prudent person to believe that criminal activity had or was about to occur, thus giving rise to requisite reasonable suspicion under Terry v. Ohio, 392 U.S. 1 (1968). Thus, the detention of Defendant did not offend Fourth Amendment principles or article 1, section 11 of Indiana Constitution. Held, judgment affirmed.
