L.A.F. v. State, 49A02-9802-JV-113

Citation698 N.E.2d 355
Decision Date05 August 1998
Docket NumberNo. 49A02-9802-JV-113,49A02-9802-JV-113
PartiesL.A.F., Appellant-Respondent, v. STATE of Indiana, Appellee-Petitioner.
CourtCourt of Appeals of Indiana
OPINION

STATON, Judge.

L.A.F. appeals from his adjudication as a delinquent for Carrying a Handgun without a License, a class A misdemeanor when committed by an adult. 1 L.A.F. raises three issues on appeal, one of which is dispositive: whether the evidence supporting L.A.F.'s delinquency determination was obtained as the result of an unconstitutional search.

We reverse.

Housing Authority Police Officer James Black and a deputy sheriff were patrolling a housing complex at 12:30 a.m. The officers noticed an individual standing next to a car and approached him to check for a possible curfew violation. While they questioned that individual, the officers noticed L.A.F., who was sleeping in the back seat of the car. L.A.F. exited the car at the officers' request and was asked to identify himself. The deputy sheriff then conducted a pat-down search and found a .22 caliber handgun in L.A.F.'s pocket.

L.A.F. contends that this warrantless search was unconstitutional, and accordingly, that the trial court erred by admitting the gun into evidence. The Fourth Amendment of the United States Constitution guarantees "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures...." Searches conducted outside the judicial process, without prior approval by a judge or magistrate, are per se unreasonable under the Fourth Amendment--subject only to a few specific and well delineated exceptions. Minnesota v. Dickerson, 508 U.S. 366, 113 S.Ct. 2130, 2135, 124 L.Ed.2d 334 (1993). One recognized exception is where a police officer detains a person for investigative purposes. Terry v. Ohio, 392 U.S. 1, 30, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). During such a detention, the police may conduct a limited frisk of an individual in certain circumstances.

[T]here must be narrowly drawn authority to permit a reasonable search for weapons for the protection of the police officer where he has reason to believe that he is dealing with an armed and dangerous individual, regardless of whether he has probable cause to arrest the individual for a crime. The officer need not be absolutely certain that the individual is armed; the issue is whether a reasonably prudent man in the circumstances would be warranted in the belief that his safety or that of others was in danger. And in determining whether the officer acted reasonably in such circumstances, due weight must be given, not to his inchoate and unparticularized suspicion or "hunch," but to the specific reasonable inferences which he is entitled to draw from the facts in light of his experiences.

Id. at 27, 88 S.Ct. 1868 (citations omitted).

When evaluating determinations of reasonable suspicion, we accept the factual findings of the trial court unless they are clearly erroneous. Ornelas v. United States, 517 U.S. 690, 116 S.Ct. 1657, 1663, 134 L.Ed.2d 911 (1996). Findings of fact are clearly erroneous when the record lacks any facts or reasonable inferences to support them. State v. Hollins, 672 N.E.2d 427, 430 (Ind.Ct.App.1996), trans. denied. When determining whether the findings are clearly erroneous, we consider only...

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15 cases
  • Lockett v. State
    • United States
    • Indiana Appellate Court
    • December 20, 1999
    ...they are clearly erroneous. Ornelas v. United States, 517 U.S. 690, 116 S.Ct. 1657, 1663, 134 L.Ed.2d 911 (1996); L.A.F. v. State, 698 N.E.2d 355, 356 (Ind.Ct.App.1998). We review de novo the ultimate determination of reasonable suspicion. Ornelas, 116 S.Ct. at 1663; L.A.F., 698 N.E.2d at T......
  • Burkett v. State
    • United States
    • Indiana Appellate Court
    • October 10, 2000
    ...se unreasonable under the Fourth and Fourteenth Amendments unless they fall into a few exceptional categories. See L.A.F. v. State, 698 N.E.2d 355, 355 (Ind.Ct.App.1998). We strictly construe exceptions to the warrant requirement. See Ceroni v. State, 559 N.E.2d 372, 374 (Ind.Ct.App.1990). ......
  • Tumblin v. State, 49A02-9908-CR-549.
    • United States
    • Indiana Appellate Court
    • October 11, 2000
    ...trans. denied. One recognized exception is where a police officer detains a person for investigative purposes. L.A.F. v. State, 698 N.E.2d 355 (Ind.Ct. App.1998), citing Terry v. Ohio, 392 U.S. 1, 30, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). Under certain circumstances, such as when the office......
  • N.W. v. State
    • United States
    • Indiana Supreme Court
    • September 14, 2005
    ...However, generalized concerns of officer safety will not support a lawful frisk. Swanson, 730 N.E.2d at 210 (citing L.A.F. v. State, 698 N.E.2d 355, 356 (Ind.Ct.App.1998)). The police officer is not entitled to seize and search every person whom he sees on the street or of whom he makes inq......
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