Cochran v. State

• Decision Date: 17 March 2006
• Docket Number: No. 69A01-0504-CR-173.,69A01-0504-CR-173.
• Citation: 843 N.E.2d 980
• Parties: Ben COCHRAN, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.
• Court: Indiana Appellate Court

Page 980

843 N.E.2d 980

Ben COCHRAN, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

No. 69A01-0504-CR-173.

Court of Appeals of Indiana.

March 17, 2006.

COPYRIGHT MATERIAL OMITTED

Leanna Weissmann, Lawrenceburg, for Appellant.

Steve Carter, Attorney General of Indiana, Matthew D. Fisher, Deputy Attorney General, Indianapolis, for Appellee.

OPINION

BARNES, Judge.

Case Summary

Ben Cochran appeals his conviction for operating a vehicle without ever having received a license, a Class C misdemeanor. We affirm.

Issue

The issue before us is whether the trial court properly admitted evidence that Cochran claims was obtained in violation of the United States and Indiana Constitutions.

Facts

The evidence most favorable to the judgment reveals that on November 13, 2003, Versailles Town Marshal David Adams was informed by dispatch that a citizen had called to complain about a person standing at the intersection of U.S. 50 and State Road 421 and displaying a poster apparently depicting an aborted fetus. The caller alleged that the poster was obscene. Marshal Adams went to the intersection to investigate the complaint. He approached the person holding the poster, Cochran, advised that he was investigating a complaint, and asked Cochran for identification. Initially, Cochran was reluctant to comply, stating that there was no law requiring that he have identification. However, after Marshal Adams explained that he wanted to know Cochran's identity for his own safety and to know to whom he was talking, Cochran gave his name and date of birth. Marshal Adams called the information into dispatch, which relayed to him that there were no outstanding warrants for Cochran and that there was no information at all on Cochran, including that he apparently had no driver's license.

Marshal Adams then returned to Cochran and said that there was no reason he could not continue protesting and displaying his poster. Later that day, however, Marshal Adams observed Cochran driving a vehicle. Because of his knowledge that Cochran had no driver's license, Marshal Adams pulled him over and issued a citation for driving without a license.

After determining that Cochran had never received a driver's license, the State charged him with operating a vehicle without ever having received a license, a Class C misdemeanor. Cochran moved to suppress all evidence derived from Marshal Adams's request for identification, claiming that the information gained thereby was the fruit of an illegal stop or seizure. The trial court denied the motion. At Cochran's bench trial, he objected to the same evidence, which the trial court overruled. The trial court found Cochran guilty and imposed a fine of $1 and costs of $136. Cochran now appeals.

Analysis

Cochran asserts that the trial court erred in denying his motion to suppress. We note, however, that this case proceeded to trial, at which time Cochran renewed his objection to the evidence that was challenged unsuccessfully by the motion to suppress. Once a case proceeds to trial, the question of whether the trial court erred in denying a motion to suppress is no longer viable. Kelley v. State, 825 N.E.2d 420, 424 (Ind.Ct.App.2005). A ruling upon a pretrial motion to suppress is not intended to serve as the final determination of admissibility because it was subject to modification at trial. Id. At this point, Cochran's only available argument is whether the trial court erred in admitting the evidence at trial. See id. at 425.

We will reverse a trial court's ruling on the admissibility of evidence only when the trial court abused its discretion. Id. at 424. An abuse of discretion may occur if a decision is clearly against the logic and effect of the facts and circumstances before the court. Id. Regarding the "abuse of discretion" standard generally, our supreme court has recently observed, "to the extent a ruling is based on an error of law or is not supported by the evidence it is reversible, and the trial court has no discretion to reach the wrong result." Pruitt v. State, 834 N.E.2d 90, 104 (Ind.2005). The relevant facts of this case are largely undisputed, and a determination of whether the trial court "abused its discretion" is primarily a purely legal question that the trial court would not have had "discretion" to decide incorrectly.

The dispositive question in this case is whether Marshal Adams "seized" Cochran when he asked for and obtained identification from Cochran. This court has explained that there are three levels of police investigation, two that implicate the Fourth Amendment to the United States Constitution and one that does not.

First, the Fourth Amendment requires that an arrest or detention for more than a short period be justified by probable cause. Probable cause to arrest exists where the facts and circumstances within the knowledge of the officers are sufficient to warrant a belief by a person of reasonable caution that an offense has been committed and that the person to be arrested has committed it. Second, it is well-settled Fourth Amendment jurisprudence that police may, without a warrant or probable cause, briefly detain an individual for investigatory purposes if, based on specific and articulable facts, the officer has a reasonable suspicion that criminal activity "may be afoot." Accordingly, limited investigatory stops and seizures on the street involving a brief question or two and a possible frisk for weapons can be justified by mere reasonable suspicion. Finally, the third level of investigation occurs when a law enforcement officer makes a casual and brief inquiry of a citizen which involves neither an arrest nor a stop. In this type of "consensual encounter" no Fourth Amendment interest is implicated.

Overstreet v. State, 724 N.E.2d 661, 663 (Ind.Ct.App.2000), trans. denied (citations omitted). We agree that if Marshal Adams "seized" Cochran when he asked for identification, there was no objectively reasonable basis for such a seizure. There is no evidence that Cochran was engaged in any observable illegal activity at the time the question was asked. We hold, however, that there was no seizure.

In Overstreet, this court held there was no "stop" or "seizure" of a defendant where the defendant pulled into a gas station and was fueling his vehicle, and an officer pulled his vehicle behind the defendant without activating the lights, approached him, asked for identification, and questioned him about some suspicious activity the officer had observed. Id. at 664. We noted, "Not every encounter between a police officer and a citizen amounts to a seizure requiring objective justification." Id. Under the Fourth Amendment, a person is "seized" only when, by means of physical force or a show of authority, his or her freedom of movement is restrained. United States v. Mendenhall, 446 U.S. 544, 553, 100 S.Ct. 1870, 1877, 64 L.Ed.2d 497 (1980). Examples of circumstances that might indicate a seizure where the person did not actually attempt to leave the scene would be the threatening presence of several officers, the display of a weapon by an officer, some physical touching of the person of the citizen, or the use of language or tone of voice indicating that compliance with the officer's request might be compelled. Id. at 554, 100 S.Ct. at 1877. "In the absence of some such evidence, otherwise inoffensive contact between a member of the public and the police cannot, as a matter of law, amount to a seizure of that person." Id. at 555, 100 S.Ct. at 1877.

The Supreme Court also has stated, "Our cases make it clear that a seizure does not occur simply because a police officer approaches an individual and asks a few questions." Florida v. Bostick, 501 U.S. 429, 434, 111 S.Ct. 2382, 2386, 115 L.Ed.2d 389 (1991). "Asking questions is an essential part of police investigations. In the ordinary course a police officer is free to ask a person for identification without implicating the Fourth Amendment." Hiibel v. Sixth Judicial Dist. Court of Nevada, Humboldt County, 542 U.S. 177, 185, 124 S.Ct. 2451, 2458, 159 L.Ed.2d 292 (2004).

While most citizens will respond to a police request, the fact that people do so, and do so without being told they are free not to respond, hardly eliminates the consensual nature of the response. . . . Unless the circumstances of the encounter are so intimidating as to demonstrate that a reasonable person would have believed he was not free to leave if he had not responded, one cannot say that the questioning resulted in a detention under the Fourth Amendment.

I.N.S. v. Delgado, 466 U.S. 210, 216, 104 S.Ct. 1758, 1762-63, 80 L.Ed.2d 247 (1984). If a person refuses to answer a police officer's request for identification, and the police then use more intimidating means of questioning under which a reasonable person would not have believed he or she was free to leave, such as physically detaining the person, then a Fourth Amendment seizure has occurred and some minimal level of objective justification is required to validate the detention or seizure. Id. at 216-17, 104 S.Ct. at 1763 (citing Brown v. Texas, 443 U.S. 47, 52, 99 S.Ct. 2637, 2641, 61 L.Ed.2d 357 (1979)).

We conclude that the conversation here between Marshal Adams and Cochran clearly falls within the category of a "consensual encounter" as recognized in Bostick, Hiibel, and Delgado. Marshal Adams approached Cochran as he was standing on a public street corner. He did not request that Cochran move anywhere, did not stop Cochran from moving anywhere, and never physically restrained him. He simply asked Cochran to identify himself, which is clearly permissible under the Fourth Amendment. Marshal Adams was alone, and there is no evidence he displayed a weapon or spoke to Cochran in a threatening tone of voice. Although Cochran initially objected to identifying himself, Marshal Adams did not use any coercive measures to persuade Cochran to do so. Instead, Cochran freely...