Thayer v. State, 55A01-0807-CR-346
1st Dist., 04-24-09, Ind.App. 904 N.E.2d 706
Attorney: Brian J. Johnson
Holding: Police officer had reasonable suspicion that criminal activity was afoot during traffic stop, thus brief detention for further investigation was justified under Fourth Amendment and Article 1, Section 11 of Indiana Constitution. After stopping Defendant’s vehicle for tailgating, officer observed that Defendant was sweating profusely, despite air conditioning in his car. Defendant also had a “quiver” in his voice, and his hand was “very shaky” as he handed officer his driver’s license and registration. “Within a few short minutes,” Defendant went from telling officer that he was on a day trip for lunch with a friend in Chicago to stating that he was on a day trip to St. Louis. Defendant also changed his story from not having stayed overnight anywhere to having stayed in a hotel in Effingham, Illinois the night before. In light of those circumstances, officer grew suspicious of Defendant and became concerned for his own safety. When he asked Defendant specifically whether he had any cocaine in his car, Defendant giggled and looked away. As Defendant exited car after consenting to vehicle search, officer observed bulge in Defendant’s pants pocket and performed a pat-down search. When Defendant tried to prevent officer from emptying contents of his bulging pocket, officer drew his weapon, ordered Defendant to ground, and discovered large bag of cocaine in Defendant’s pocket. Court disagreed with Defendant’s argument that officer’s detention and questioning unreasonably delayed duration of stop. Officer was justified in his brief detention of Defendant for further investigation into Defendant’s inconsistent and deceptive statements. Thus, trial court did not abuse its discretion when it denied Defendant’s motion to suppress. Held, judgment affirmed.
