Ross v. State

844 N.E.2d 537, 2006 Ind. App. LEXIS 550, 2006 WL 771225
CourtIndiana Court of Appeals
DecidedMarch 28, 2006
Docket18A02-0506-CR-574
StatusPublished
Cited by11 cases

This text of 844 N.E.2d 537 (Ross 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
Ross v. State, 844 N.E.2d 537, 2006 Ind. App. LEXIS 550, 2006 WL 771225 (Ind. Ct. App. 2006).

Opinion

*540 OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellant-Defendant, Elton Ross (Ross), appeals his conviction for Count I, possession of cocaine, as a Class D felony, Ind.Code § 35-48-4-6(a), and Count II, obstruction of justice, as a Class D felony, 1.C. § 835-44-8-4(a)(8).

We affirm.

ISSUES

Ross raises three issues on appeal, which we restate as follows:

(1) Whether the trial court erred in denying Ross's Motion to Suppress;
(2) Whether the trial court erred in denying Ross's oral Motion for a Continuance of Trial; and
(38) Whether the trial court erred in allowing the State to successfully challenge for cause a potential juror.

FACTS AND PROCEDURAL HISTORY

On June 5, 2003, while on patrol in a high-crime area in Muncie, Indiana, Officer Eric Peterson (Officer Peterson) of the Muncie Police Department observed Ross exchange money for "something" with a teenager on a street corner. (Transcript p. 40). Officer Peterson observed this exchange from a distance of thirty to forty feet. Suspecting that an illegal drug transaction had just occurred, Officer Peterson drove up beside Ross, who was now on a bicycle, and asked him to stop. Ross complied, and Officer Peterson noticed that Ross was cupping something in his right hand. Then, as Officer Peterson exited his vehicle, he saw Ross drop an off-white, rock-like substance about the size of a pencil eraser onto the ground. When Officer Peterson subsequently began to arrest Ross, Ross lunged forward, stepping on and smashing the rock-like substance into the ground. Nevertheless, officers were able to collect some of the substance for a field test analysis, and the results indicated the substance contained a cocaine base.

On June 19, 2008, the State filed an information charging Ross with Count I, possession of cocaine, as a Class D felony, 1.C. § 385-48-4-6(a), and Count II, obstruction of justice, as a Class D felony, I.C. § 35-44-8-4(a)(8). On April 30, 2004, Ross filed a Motion to Suppress. On May 6, 2004; the trial court held a hearing on the Motion to Suppress, which was subsequently denied on May 24, 2004. On April 13, 2005, Ross filed a motion asking the court to order a witness, Eddie Strong (Strong), transported for the purpose of testifying at trial. The trial court granted this motion on April 14, 2005, however on the day the trial began, April 21, 2005, Ross learned that Strong was unavailable for transport. As a result, Ross moved for a continuance of the trial, but the trial court denied this motion, and proceeded to hold a jury trial. On the same date, April 21, 2005, the jury found Ross guilty on both counts. On June 2, 2005, the trial court sentenced Ross to eighteen months on his conviction for possession of cocaine, and a concurrent eighteen months on his conviction for obstruction of justice, to be suspended with the exception of ninety (90) days to be served on house arrest with the Delaware County Community Corrections.

Ross now appeals. Additional facts will be provided as necessary.

DISCUSSION AND DECISION

I. Motion to Suppress

Ross first contends that the trial court erred in denying his Motion to Suppress the evidence obtained at the scene of his arrest. Specifically, Ross argues that Offi *541 cer Peterson did not have probable cause to stop, search or arrest him, and that his dropping the cocaine on the ground did not constitute abandonment for Fourth Amendment seizure purposes.

We review a trial court's ruling on a motion to suppress in a manner similar to claims challenging the sufficiency of the evidence. Williams v. State, 745 N.E.2d 241, 244 (Ind.Ct.App.2001). Thus, in reviewing a trial court's decision on a motion to suppress, we do not reweigh the evidence or judge the credibility of witnesses, but determine if there was substantial evidence of probative value to support the trial court's ruling. Id. When evaluating determinations of reasonable suspicion, we accept the factual findings of the trial court unless they are clearly erroneous. Id. However, the ultimate determination of reasonable suspicion is reviewed de novo. Id.

The Fourth Amendment to the United States Constitution guarantees "[the right of the people to be secure in their persons against unreasonable search and seizures." However, a police officer may, without a warrant or probable cause, briefly detain a person for investigatory purposes, if, based on specific and articulable facts together with reasonable inferences from those facts, the officer has a reasonable suspicion that criminal activity "may be afoot." Sanchez v. State, 803 N.E.2d 215, 219 (Ind.Ct.App.2004), trans. denied (quoting Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). Reasonable suspicion is determined on a case-by-case basis by looking at the totality of the cireumstances, but is generally satisfied when the facts known to the officer at the moment of the stop, along with the reasonable inferences arising from such facts, would cause an ordinarily prudent person to believe that criminal activity has occurred or is about to occur. Bridgewater v. State, 793 N.E.2d 1097, 1100 (Ind.Ct.App.2008), trans. denied; Sanchez, 803 N.E.2d at 220.

Accordingly, the issue now before us begins with an analysis of whether Officer Peterson had reasonable suspicion to stop Ross after observing Ross make a transaction in a high crime area, and then take off on his bicycle cupping something in his hand. In Williams, we reversed a trial court's denial of a motion to suppress when a stop was based on an officer actually observing two persons making a hand-to-hand exchange of something, and then dispersing in separate directions after noticing a police officer. Williams, 7445 N.E.2d at 248. In that case, we highlighted the fact that nothing indicated the transaction took place in a high crime area or that the officer knew any of the participants as being involved in criminal activity. Id. at 245. Thus, in Williams, we found that two factors-an observed transaction and walking in different directions--were not enough to constitute reasonable suspicion.

In Bridgewater, we also held that reasonable suspicion did not exist when officers instigated a stop upon observing the defendant twice flee into a building in a high crime area after noticing the officers' presence. Bridgewater, 798 N.E2d at 1103. There, again, we concluded that two factors-presence in a high crime area, along with fleeing-were not enough to constitute reasonable suspicion to stop Bridgewater. Id. However, in Bridgewo-ter, we particularly noted that the officers "did not observe any sort of transaction or interaction among Bridgewater and the other two people standing with him," nor was Bridgewater "carrying anything unusual." Id. ©

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844 N.E.2d 537, 2006 Ind. App. LEXIS 550, 2006 WL 771225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ross-v-state-indctapp-2006.