Brian Russell v. State of Indiana

993 N.E.2d 1176, 2013 WL 4857976, 2013 Ind. App. LEXIS 431
CourtIndiana Court of Appeals
DecidedSeptember 12, 2013
Docket46A03-1212-CR-544
StatusPublished
Cited by15 cases

This text of 993 N.E.2d 1176 (Brian Russell v. State of Indiana) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brian Russell v. State of Indiana, 993 N.E.2d 1176, 2013 WL 4857976, 2013 Ind. App. LEXIS 431 (Ind. Ct. App. 2013).

Opinions

[1178]*1178OPINION

BRADFORD, Judge.

Appellant-Defendant Brian Russell appeals his conviction for Class C misdemeanor operating a vehicle while intoxicated. LaPorte County Sherriffs Deputy Andrew Hahn subjected Russell to an investigatory stop after concerned citizen Wayne Bogart called 911 to report Russell as a possible intoxicated driver. At trial, Appellee-Plaintiff the State of Indiana presented evidence obtained as a result of the stop, which the trial court admitted over Russell’s motion to suppress. Because Bogart provided police with specific information regarding where, when, and how Russell could be identified, and because Deputy Hahn corroborated this information with his own observations, we conclude that Bogart’s tip was sufficiently reliable to support reasonable suspicion under the Fourth Amendment. Under Article I, Section 11, we conclude that Deputy Hahn had reasonable suspicion to stop Russell because Bogart provided police with a reliable tip, Deputy Hahn’s request for Russell’s driver’s license and registration was minimally intrusive, and the need to remove intoxicated drivers from the road warranted an immediate police response. The judgment of the trial court is affirmed.

FACTS AND PROCEDURAL HISTORY

At approximately 2:00 a.m. on August 8, 2010, Bogart was driving on Highway 421, traveling from Valparaiso to his home in North Judson. Another driver, later identified as Russell, closed in on Bogart’s vehicle from the rear and flashed his vehicle’s headlights on and off. Thinking there was a problem, Bogart pulled over. Russell pulled his vehicle alongside Bogart’s, and both men rolled down their windows. Russell indicated to Bogart that he was lost and needed directions to State Road 30. Bogart noticed that Russell’s speech was slurred, and Russell admitted that he had been drinking alcohol. Bogart informed Russell that State Road 30 was sixteen miles in the opposite direction. Russell replied that “he would never be able to find [it]” and began to cry. Tr. p. 34. Russell begged Bogart to show him the way; Bogart eventually agreed.

Bogart set off for State Road 30, and Russell followed. While en route, Bogart called 911 on his cell phone. Bogart told the 911 operator that he believed Russell was intoxicated and asked that an officer meet him and Russell at the Speedway gas station near the intersection of Highway 421 and State Road 30. In response, Deputy Andrew Hahn was dispatched to the gas station. When Deputy Hahn arrived, he observed no vehicles in the gas station parking lot, prompting him to call the dispatcher to obtain more information. The dispatcher, who had just spoken with Bogart, informed Deputy Hahn that Bogart was nearing the gas station and that, when he arrived, Russell would be driving the trailing vehicle. Moments later, Deputy Hahn observed two vehicles pull into to the gas station parking lot, one trailing the other. The drivers of these vehicles were later identified as Bogart and Russell.

Bogart and Russell stopped at the gas pumps, and Bogart positioned his vehicle so as to block Russell from leaving. Bogart exited his vehicle, pointed to Deputy Hahn and then, at Russell. Russell then exited his vehicle. Deputy Hahn believed an altercation was about to take place and pulled his vehicle behind Russell’s. At that point, Russell re-entered his vehicle and began to drive away. Deputy Hahn ordered Russell to stop. He then activated his vehicle’s emergency lights and pursued Russell, stopping him before he exited the gas station parking lot.

[1179]*1179Deputy Hahn asked Russell for his driver’s license and registration. During this exchange, Deputy Hahn observed that Russell’s speech was slurred, he had blood shot eyes, and his manual dexterity was poor. Deputy Hahn also identified the smell of alcohol emanating from the interi- or of Russell’s vehicle. At that point, Deputy Hahn asked Russell to exit his vehicle. As Russell exited, Deputy Hahn observed that Russell’s balance was poor and that he was swaying from side to side. Russell eventually admitted to Deputy Hahn that he had been drinking alcohol. Deputy Hahn then asked Russell to perform three field sobriety tests, all of which Russell failed. Deputy Hahn arrested Russell and transported him to LaPorte County Jail.

Russell was charged with Class C misdemeanor operating a vehicle while intoxicated. On December 21, 2010, Russell filed a motion to suppress “all evidence seized by the arresting officers, all observations made by the arresting officers, and all statements made by Mr. Russell as a result of the unconstitutional conduct of the police.” Appellant’s App. p. 13. Following a hearing on the issue, the trial court denied Russell’s motion. On October 24, 2012, Russell’s case proceeded to trial, during which the State presented evidence obtained as a result of Deputy Hahn’s investigatory stop. The jury found Russell guilty as charged. On November 28, 2012, the trial court sentenced Russell to sixty days in the LaPorte County Jail with sixty days suspended to probation. As a condition of probation, Russell was ordered to complete an alcohol treatment program. His driver’s license was also suspended for one year.

DISCUSSION AND DECISION

Russell argues that the trial court abused its discretion in admitting evidence obtained as a result of Deputy Hahn’s investigatory stop. Specifically, Russell claims that Deputy Hahn lacked reasonable suspicion to initiate the stop as required under both the Fourth Amendment to the United States Constitution and Article I, Section 11 of the Indiana Constitution. Although we generally review a trial court’s decision to admit evidence despite a motion to suppress under an abuse-of-discretion standard, the ultimate determination of whether an officer had reasonable suspicion to conduct an investigatory stop is reviewed de novo. Burkett v. State, 736 N.E.2d 304, 306 (Ind.Ct.App.2000).

As a preliminary matter, the State contends that Russell waived his federal claim by failing to provide an independent analysis under the Fourth Amendment. We agree. Although nearly identical in wording, the Fourth Amendment to the United States Constitution and Article I, Section 11 of the Indiana Constitution are independently interpreted and applied. Baniaga v. State, 891 N.E.2d 615, 618 (Ind.Ct.App.2008). An appellant’s failure to provide us with a separate analysis for each constitutional claim constitutes waiver. Francis v. State, 764 N.E.2d 641, 647 (Ind.Ct.App.2002) (citing South Bend Tribune v. Elkhart Circuit Court, 691 N.E.2d 200, 202 n. 6 (Ind.Ct.App.1998)). Nevertheless, we will address Russell’s Fourth Amendment claim.

I. Fourth Amendment

Russell claims that Deputy Hahn’s investigatory stop violated his Fourth Amendment right to be free from unreasonable searches and seizures by the government. U.S. Const, amend. IV. “Because a traffic stop is a seizure under the Fourth Amendment, police may not initiate a stop for any conceivable reason, but must possess at least reasonable suspicion that criminal activity is taking place.” Meredith v. State, 906 N.E.2d 867, 869 (Ind.2009).

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Bluebook (online)
993 N.E.2d 1176, 2013 WL 4857976, 2013 Ind. App. LEXIS 431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brian-russell-v-state-of-indiana-indctapp-2013.