Murphy v. State, No. 49S00-0006-CR-370.

• Docket Nº: No. 49S00-0006-CR-370.
• Citation: 747 N.E.2d 557
• Case Date: May 23, 2001
• Court: Supreme Court of Indiana

747 N.E.2d 557

Jesse MURPHY, Defendant-Appellant,
v.
STATE of Indiana, Plaintiff-Appellee

No. 49S00-0006-CR-370.

Supreme Court of Indiana.

May 23, 2001.

747 N.E.2d 558

Kevin C.C. Wild, Indianapolis, IN, Attorney for Appellant

Karen M. Freeman-Wilson, Attorney General of Indiana, Christopher L. Lafuse, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

DICKSON, Justice.

The defendant, Jesse Murphy, was convicted of dealing in cocaine,¹ possession of cocaine,² and two counts of resisting law enforcement.³ He seeks appellate relief based on claims that the evidence presented at trial resulted from a suspicionless investigatory stop and that the State's closing argument was improper. We affirm the convictions.

747 N.E.2d 559

The defendant contends that the police officer lacked reasonable suspicion to conduct an investigatory stop. The trial court denied the defendant's motion to suppress, and the defendant reiterated his objection at trial. In reviewing the trial court's decision, we consider the evidence favorable to the trial court's ruling and any uncontradicted substantial evidence to the contrary to determine whether there is sufficient evidence to support the ruling. Ogle v. State, 698 N.E.2d 1146, 1148 (Ind. 1998); Vance v. State, 620 N.E.2d 687, 691 (Ind.1993). We will set aside the findings of the trial court only if they are clearly erroneous. Ind.Trial Rule 52(A)

Under the Fourth Amendment to the United States Constitution, a seizure of the individual does not occur until "the officer, by means of physical force or show of authority, has in some way restrained the liberty of a citizen." Terry v. Ohio, 392 U.S. 1, 20 n. 16, 88 S.Ct. 1868, 1879 n. 16, 20 L.Ed.2d 889, 905 n. 16 (1968). The United States Supreme Court has subsequently interpreted that requirement in Terry to mean that seizure does not occur when the suspect fails to yield to law enforcement authority. California v. Hodari D., 499 U.S. 621, 624-26, 111 S.Ct. 1547, 1550, 113 L.Ed.2d 690, 695-697, (1991).⁴ But if a seizure occurs, the police may briefly detain an individual if under the totality of the circumstances the officer has a reasonable suspicion that the individual is engaged in or is about to engage in criminal activity. United States v. Sokolow, 490 U.S. 1, 7-8, 109 S.Ct. 1581, 1585, 104 L.Ed.2d 1, 10 (1989); Terry, 392 U.S. at 30, 88 S.Ct. at 1884-85, 20 L.Ed.2d at 911.

At approximately 3:00 a.m., two officers in separate marked squad cars were patrolling a high crime area. As the officers drove northbound, they observed the...