State v. Washington

898 N.E.2d 1200, 2008 Ind. LEXIS 1284
Indiana Supreme Court·Decided December 31, 2008·No. No. 02S03-0804-CR-191·Published·Cited by 128 cases

Opinions

DICKSON, Justice.

Pursuant to statutory authority,1 the State appeals from the trial court order granting the defendant’s motion to suppress evidence in a criminal case charging the defendant with possession of marijuana. Upon the granting of the defendant’s motion to suppress, the State dismissed the charges and brought this appeal. The Court of Appeals affirmed the trial court in a published opinion. State v. Washington, 875 N.E.2d 278 (Ind.Ct.App.2007). We granted transfer and now reverse the trial court.

The sole issue before this Court is whether, under both the Fourth Amendment to the U.S. Constitution and Article 1, § 11 of the Indiana Constitution, an officer, without reasonable suspicion, can [1203] inquire as to possible further criminal activity, in this case drug possession, when a motorist is stopped for a traffic infraction.

The facts of this case are not in dispute. While driving a moped, the defendant was stopped by a police officer for repeatedly driving left of center and because the officer suspected that the defendant was under eighteen and not wearing goggles or a helmet as required by statute. Indiana Code § 9-21-11-13 provides that:

A person less than eighteen (18) years of age who operates or rides a motorized bicycle on a street or highway shall do the following:
(1) Wear protective headgear ... [.]
(2) Wear protective glasses, goggles, or a transparent face shield.

However, upon stopping the defendant, the officer ascertained that the defendant was over eighteen years of age, thus making the requirement for headgear and goggles inapplicable to the defendant. Because the defendant appeared nervous, the officer asked whether “he had any guns, drugs, or anything that may harm [him] on his person.” Tr. at 7. The defendant responded that he “had a couple dime bags on him.” Id. at 8. Understanding this reference to mean bags of marijuana, the officer then asked for permission to remove the bags fi'om the defendant’s pockets. The defendant consented, and the officer determined that the substance was indeed marijuana.

The defendant’s motion to suppress claimed violations of both the United States and Indiana constitutions. The chronological case summary reflects that the trial court granted the motion. Appellant’s App’x at 2. Neither party has provided us with a copy of the actual order granting the motion, and the record does not indicate whether the trial court made findings of fact or conclusions of law. We presume that the trial court found in the defendant’s favor on both state and federal constitutional grounds. The parties argue both issues on appeal.

In the appellate review of a trial court’s motion to suppress, the reviewing court determines whether the record discloses “substantial evidence of probative value that supports the trial court’s decision.” State v. Quirk, 842 N.E.2d 334, 340 (Ind.2006). We do not reweigh evidence. Id. The State, appealing from a negative judgment, must show that the trial court’s ruling on the suppression motion was contrary to law. State v. Estep, 753 N.E.2d 22, 24-25 (Ind.Ct.App.2001).

1. Federal Constitution Fourth Amendment

The State contends that the question asked by the officer was neither a search nor a seizure and thus did not violate the Fourth Amendment to the United States Constitution.2 The State argues that the defendant had a choice as to whether to answer the officer’s question or not, that the question did not extend the duration of the stop, that it was not unduly intrusive into the defendant’s privacy, and that it was not unreasonable.

The defendant responds that the traffic stop constituted a seizure, that the officer’s question was an improper interrogation lacking in reasonable, articulable suspicion of criminal activity, and that there was little risk to officer safety because the [1204] defendant was completely visible sitting on an open moped rather than inside an enclosed car.

From our review of United States Supreme Court jurisprudence, we conclude that the officer’s conduct in this case does not violate the Fourth Amendment. During a lawful detention, police do not need a reasonable suspicion to ask questions of the detainee. In Muehler v. Mena, 544 U.S. 93, 125 S.Ct. 1465, 161 L.Ed.2d 299 (2005), the Court emphasized that it has “held repeatedly that mere police questioning does not constitute a seizure.” 544 U.S. at 101, 125 S.Ct. at 1471, 161 L.Ed.2d at 308, quoting Florida v. Bostick, 501 U.S. 429, 434, 111 S.Ct. 2382, 2386, 115 L.Ed.2d 389, 398 (1991). “Even when officers have no basis for suspecting a particular individual, they may generally ask questions of the individual[.]” Id., quoting Bostick, 501 U.S. at 434-35, 111 S.Ct. at 2386, 115 L.Ed.2d at 398. An officer making a traffic stop can ask questions of a detained motorist, but the detainee is not obligated to respond, and “unless the detainee’s answers provide the officer with probable cause to arrest him, he must then be released.” Berkemer v. McCarty, 468 U.S. 420, 439-40, 104 S.Ct. 3138, 3150, 82 L.Ed.2d 317, 334 (1984) (footnotes omitted).

Though Muehler provides guidance, it does not directly address whether police questions that are unrelated to the initial reason for a detention may constitute an unlawful seizure. This issue has been confronted, however, by several federal Circuit Courts of Appeals. Chief among these is the Seventh Circuit’s en banc decision in United States v. Childs. In Childs, the court took the case to expressly decide “whether questioning during the course of lawful custody must be related to the reason for that custody.” United States v. Childs, 277 F.3d 947, 949 (7th Cir.2002) (en banc).

In Childs, an officer of the Peoria (Illinois) Police Department stopped a car that he had stopped three days earlier in response to a hit-and-run accident in which the driver, Childs, was arrested on an outstanding warrant and a drug charge. The car at the time of the first stop had a cracked windshield, and the officer had instructed Childs to repair it. At the time of the second stop, the windshield had not been repaired, and the car was stopped for this reason alone. Childs, out on bail, was the passenger this time, and the officer began speaking with him while his partner spoke with the driver. Childs was not wearing his seatbelt in violation of Illinois law, and, as a passenger in the stopped vehicle, was under the control and direction of the officer until the officers’ safety could be secured. While one officer was running a license check on the driver, the officer previously familiar with Childs asked him a few questions:

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State v. Washington, 898 N.E.2d 1200, 2008 Ind. LEXIS 1284 (Ind. 2008).

898 N.E.2d 1200 (State v. Washington) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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