R.H. v. State

916 N.E.2d 260, 2009 Ind. App. LEXIS 2422, 2009 WL 3754024
CourtIndiana Court of Appeals
DecidedNovember 10, 2009
DocketNo. 49A02-0903-JV-218
StatusPublished
Cited by16 cases

This text of 916 N.E.2d 260 (R.H. v. State) 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
R.H. v. State, 916 N.E.2d 260, 2009 Ind. App. LEXIS 2422, 2009 WL 3754024 (Ind. Ct. App. 2009).

Opinions

OPINION

Judge.

STATEMENT OF THE CASE

R.H. appeals his adjudication as a delinquent child for committing what would constitute class A misdemeanor possession of marijuana if committed by an adult.

We affirm.1

ISSUES

1. Whether the trial court abused its discretion in admitting evidence.
2. Whether there is sufficient evidence to support the delinquency finding.

FACTS

At approximately 11:40 p.m. on November 22, 2008, Indianapolis Metropolitan Police Officer Shawn Holmes was patrolling in a fully marked police car, when he responded to a dispatch reporting a suspi-clous white vehicle with four males inside of it parked in front of the caller's residence in the 1400 block of Milburn Street. The caller informed dispatch that she did not recognize the vehicle and "was fearful that there was something going on." (Tr. 13).

Officer Holmes parked at the corner of 14th Street and Milburn Street and observed "a white four door vehicle with what appeared to be occupants inside" parked on the street. (Tr. 11). He, however, could not see what the occupants were doing. He activated his emergency lights because "it was dark that night and [he] wanted to be visible to" other vehicles. (Tr. 12).

Officer Holmes approached the vehicle, observed heavy smoke inside the vehicle, and knocked on the rear right passenger window. . "[A] large amount of smoke came billowing out" as the window rolled down. (Tr. 17). Officer Holmes immediately recognized the smell of burnt marijuana. Four males were in the vehicle,

[263]*263including RH., who was in the driver's seat.2 Officer Holmes had the occupants exit the vehicle and read them their Miranda warnings. He asked the two adult occupants whether there was any more marijuana in the vehicle; they replied that "[they had smoked it all." (Tr. 18).

Officer Holmes, however, observed "what was left of a burnt marijuana cigarette" in the front console's ashtray. (Tr. 18). He also observed two bags containing what appeared to be marijuana in the front passenger footwall, "just setting [sic] out." (Tr. 42). The bags "would have been at the passenger's feet." (Tr. 42). Subsequent tests revealed that one bag contained 23.37 grams of marijuana; the other bag contained 9.37 grams of marijuana. The cigarette contained .07 grams of marijuana.

On December 10, 2008, the State filed a petition, alleging RH. to be a delinquent child for committing an act that would constitute class A misdemeanor possession of marijuana, if committed by an adult. The trial court approved the filing of the petition on December 17, 2008. The trial court held a denial hearing on February 4, 2009, after which it found the allegations against RH. to be true. The trial court placed RH. on probation for six months and ordered him to complete thirty hours of community service.

DECISION

1. Admission of Evidence

RH. asserts the trial court abused its discretion in admitting evidence that he possessed marijuana. The admission of evidence is a matter left to the sound discretion of the trial court, and a reviewing court will reverse only upon an abuse of that discretion. Washington v. State, 784 NEZ2d 584, 587 (Ind.Ct.App.2008).

An abuse of discretion occurs when a decision is clearly against the logic and effect of the facts and cireumstances before the trial court. Id. "We do not reweigh the evidence, and we consider conflicting evidence most favorable to the trial court's ruling." Lundquist v. State, 834 N.E.2d 1061, 1067 (Ind.Ct.App.2005). "However, we must also consider the uncontested evidence favorable to the defendant." Id.

RH. argues that the seizure of the marijuana resulted from a detention that violated the Fourth Amendment to the United States Constitution and Article 1, Section 11 of the Indiana Constitution. Namely, he contends that Officer Holmes lacked reasonable suspicion to conduct an investigatory stop.

Both the Fourth Amendment to the United States Constitution and Article 1, Section 11 of the Indiana Constitution protect the privacy and possessory interests of individuals by prohibiting unreasonable searches and seizures. Barfleld v. State,776 N.E.2d 404, 406. (Ind.Ct.App.2002). This protection also governs " 'seizures' of the person." Terry v. Oho, 392 U.S. 1, 16, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968).

Generally, a seizure does not occur until the defendant is actually detained. California v. Hodari D., 499 U.S. 621, 624-26, 111 S.Ct. 1547, 113 L.Ed.2d 690 (1991); Wilson v. State, 670 N.E.2d 27, 31 (Ind.Ct.App.1996) (holding there is no violation of the Fourth Amendment until a physical seizure of the person is accomplished). "Detention turns on an evaluation, under all the cireumstances, of whether a reasonable person would feel free to disregard the police and go about his or her business." Finger v. State, 799 [264]*264N.E.2d 528, 532 (Ind.2003) (citing Hodari D., 499 U.S. at 628, 111 S.Ct. 1547).

Not all police-citizen encounters implicate the Fourth Amendment. Huey v. State, 503 N.E.2d 623, 625 (Ind.Ct.App.1987). A seizure, for example, does not occur "simply because a police officer approaches a person, asks questions, or requests identification." Bentley v. State, 846 N.E.2d 800, 305 (Ind.Ct.App.2006), trans. denied. "Instead, a person is seized for Fourth Amendment purposes, when, considering all the surrounding circumstances, the police conduct 'would have communicated to a reasonable person that the person was not free to decline the officers' requests or otherwise terminate the encounter" Id. (quoting Florida v. Royer, 460 U.S. 491, 497, 108 S.Ct. 1319, 75 L.Ed.2d 229 (1983)).

Here, RH. argues that Officer Holmes initiated an investigatory stop when he parked behind R.H.'s vehicle and activated his emergency lights. Specifically, he contends that "[alctivation of a cruiser's emergency lights is a significant show of authority that would convey to any reasonable person he is not free to leave an officer's presence." R.H.'s Br. at 6-7.

The facts of this case are similar to that in Finger. In that case, an officer with the Butler University Police Department received a dispatch after a "concerned citizen" reported a suspicious vehicle parked at an intersection. 799 N.E.2d at 580. The officer found the vehicle parked near the intersection and "partially in a driving lane...." Id. He observed two people inside the vehicle. The officer parked his police vehicle behind the vehicle and activated his emergency lights before approaching the vehicle. The officer asked 6C the occupants 'what was happening' " and whether they needed assistance. Id. Finger, who was sitting in the driver's seat, responded that the car was out of gasoline and that they were waiting for someone to bring them some.

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Bluebook (online)
916 N.E.2d 260, 2009 Ind. App. LEXIS 2422, 2009 WL 3754024, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rh-v-state-indctapp-2009.