State v. Blake

• Citation: 468 N.E.2d 548
• Decision Date: 17 September 1984
• Docket Number: No. 1-284A59,1-284A59
• Parties: STATE of Indiana, Plaintiff-Appellant, v. Mark C. BLAKE, Defendant-Appellee.
• Court: Court of Appeals of Indiana

Page 548

468 N.E.2d 548

STATE of Indiana, Plaintiff-Appellant, v. Mark C. BLAKE, Defendant-Appellee.

No. 1-284A59.

Court of Appeals of Indiana,

First District.

Sept. 17, 1984.

Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for plaintiff-appellant.

NEAL, Presiding Judge.

STATEMENT OF THE CASE

Plaintiff-appellant, State of Indiana, appeals from a judgment of the Putnam County Court granting defendant-appellee, Mark C. Blake's motion to suppress all evidence obtained by a police officer pursuant to his arrest of Blake on charges of resisting law enforcement and driving while intoxicated.

STATEMENT OF THE FACTS

At approximately 3:30 a.m. on September 14, 1983 Sergeant Darrell Jones (Jones) of the Cloverdale, Indiana Police Department clocked with his radar an automobile traveling 74 miles per hour in a 55 miles per hour zone. Jones pursued this vehicle, allegedly turning on his siren and red flashing lights in an attempt to stop the car. The automobile then increased its speed until it was moving in excess of 90 miles per hour. Jones radioed for assistance and followed the car into a trailer park near Greencastle, Indiana. Jones says he turned off his lights and siren at this point, both because of the late hour and so as not to alert the occupants of the automobile that he was so near, fearing they would attempt to flee on foot. Jones parked behind the suspect car and observed its occupants exiting the vehicle as he got out of his squad car. Jones ordered the five men to stop. However, Blake, who had been in the driver's seat, disregarded Jones and entered a nearby trailer which was his home. Jones then went to the door of this mobile home and commanded Blake to come outside. When no response was forthcoming, Jones entered the mobile home and arrested Blake for resisting law enforcement. Jones then handcuffed Blake and took him back outside where three of the men had remained. One man had fled on foot. Jones proceeded to examine the vehicle registration of the car, which was Blake's, and asked the group who had been driving the car. Jones noticed an open bottle of whiskey in the car and the smell of alcohol on Blake's breath. A chemical test administered to Blake by Jones registered an .18% blood alcohol content and Jones then charged Blake with operating a motor vehicle while intoxicated. Blake also received a traffic citation for speeding.

Blake filed a motion to suppress the results of the breathalyzer and all other evidence obtained after his arrest for the reason that Jones entered private property without a warrant or justification in order to effect Blake's arrest. The trial court granted Blake's motion to suppress and made the following relevant findings of fact and conclusions of law:

"... Defendant's Motion to Suppress Evidence is granted based on the following:

A. That Officer Jones observed a car speeding north on U.S. 231 and attempted to stop it with his lights and siren;

B. That Officer Jones had probable cause to believe that the car's driver was fleeing when it did not pull over;

C. That all the young men in the car had been drinking, at least one was asleep and one ill, which explains the discrepancies in the statements about whether the lights and siren were activated;

D. That when Jones pulled up behind the defendant's car at a trailer, he saw the young men exiting the car;

E. That on the basis of Jones' own testimony that after he had arrested the defendant he asked the group who was driving the car, the Court finds that he had only a suspicion that the person entering the trailer was the driver and should have investigated further, but did not have probable cause to enter the trailer and arrest the defendant."

ISSUES

The State raises one issue: whether the trial court's ruling on Blake's motion to suppress is contrary to the evidence and contrary to law, and thus erroneous.

DISCUSSION AND DECISION

The trial court's decision to grant Blake's motion to suppress in this case has the ultimate effect of precluding further prosecution of the charge of operating a motor vehicle while intoxicated. Therefore, the matter is reviewable by this court pursuant to IND.CODE 35-38-4-2(5). See State v. Williams, (1983) Ind.App., 445 N.E.2d 582; State v. Tindell, (1980) 272 Ind. 479, 399 N.E.2d 746. The State is appealing from a negative judgment, where it had the burden of proving Jones' arrest of Blake came within one of the exceptions to the warrant requirement, and thus must show the trial court's ruling was contrary to law. Thomas v. State, (1981) Ind., 420 N.E.2d 1216. We will accept the trial court's findings of fact and conclusions of law unless clearly erroneous, and will reverse the judgment only where the uncontradicted evidence will support no reasonable inference in favor of the ruling. See Thomas, Id.; Merchants National Bank & Trust Company of Indianapolis v. H.L.C. Enterprises, Inc., (1982) Ind.App., 441 N.E.2d 509; Ind. Rules of Procedure, Trial Rule 52(A).

The trial court found that Jones had probable cause to believe the driver of Blake's car was fleeing when he did not stop in response to Jones' lights and siren. Such behavior is chargeable as resisting law enforcement, and constitutes a Class A misdemeanor. IND. CODE 35-44-3-3. A warrantless arrest is authorized where a misdemeanor is committed in the presence of the arresting officer. IND. CODE 35-33-1-1(4); Works v. State, (1977) 266 Ind. 250, 362 N.E.2d 144. Thus, when Jones' attempt to pull Blake's car over for speeding was thwarted by the driver's increase in speed and apparent attempt to escape from his police pursuer, Jones could legally arrest him for resisting law enforcement without first obtaining an arrest warrant. The subsequent charge of DUI, based on evidence gathered incident to Blake's arrest for resisting law enforcement would also be proper, if that first arrest was lawful. See Rucker v. State, (1948) 225 Ind. 636, 77 N.E.2d 355; Moorehead v. State, (1933) 204 Ind. 307, 183 N.E. 801. The sole question we must decide is whether Jones had probable cause to believe Blake had been the driver of his car when Jones had pursued it, at the time of his initial arrest. We believe the uncontroverted evidence supports a finding of probable cause, and that Jones rightfully entered Blake's trailer in order to arrest him.

Probable cause is said to exist when, at the time of an arrest, the arresting officer has knowledge of facts and circumstances which would warrant a reasonably cautious and prudent man to believe the suspect committed the criminal act in question. Craig v. State, (1983) Ind., 452 N.E.2d 921. Jones testified he observed Blake exit from the driver's position of his car. As a factual and practical matter, one using his sensory perception would logically conclude Blake had been driving the car. See Groff v. State, (1981) Ind.App., 415 N.E.2d 721, 726; Kissinger v. State, (1974) 161 Ind.App. 303, 315 N.E.2d 423. The information known by the arresting officer need not be sufficient to establish guilt, and may even be erroneous, yet be sufficient to support a warrantless arrest. O'Hara v. State, (1975) 165 Ind.App. 11, 330 N.E.2d 396; Thurman v. State, (1974) 162 Ind.App. 267, 319 N.E.2d 151. Here, Blake admitted he was in fact the driver of the car. That Jones sought positive reassurance of this following Blake's arrest does not change the existence of probable cause to arrest. See Thurman, Id. Regardless of whether or not Blake had been driving, his flight into the mobile home following Jones' order to stop in and of itself constitutes resisting law enforcement. The elements of that crime are (a) knowingly or intentionally (b) fleeing from a law enforcement officer after the officer has, by audible or visible means, identified himself and ordered the person to stop. IND. CODE 35-44-3-3. The uncontroverted evidence is that Jones was in uniform and driving a marked car, that he did order the occupants of the car to stop at least once, and that he again yelled to Blake inside the trailer before entering it. Jones had probable cause to believe Blake was fleeing from him, and therefore to arrest him without a warrant.

Although we find no Indiana case directly on point, an examination of similar cases in other jurisdictions convinces us that Jones was also justified in entering Blake's mobile home in order to arrest him. A warrantless in-home arrest is not valid without probable cause and exigent circumstances making it impractical to first procure an arrest warrant. Harrision v. State, (1981) Ind.App., 424 N.E.2d 1065. Traditionally, exigent circumstances have been found to exist when "(1) a suspect is fleeing or likely to take flight to escape arrest or ... (3) in cases involving hot pursuit or moveable vehicles". Pawloski v. State, (1978) 269 Ind. 350, 380 N.E.2d 1230, 1233; See United States v. Williams, (3rd Cir.1979) 612 F.2d 735.

Although this case does not fall within the usual fresh pursuit situation covered by IND. CODE 35-33-3, the Uniform Act on Fresh Pursuit, there is precedent supporting a common law doctrine of fresh pursuit following the occurrence of a misdemeanor. See Gattus v. State, (1954) 204 Md. 589, 105 A.2d 661; IND. CODE 35-33-3-5. In the present case Jones was in "immediate and continuous pursuit ... from the scene of the crime" Welsh v. Wisconsin, --- U.S. ----, 104 S.Ct. 2091, 2099, 80 L.Ed.2d 732, which began as a speeding violation and developed into the jailable offense of resisting law enforcement. See IND. CODE 35-44-3-3. Jones had good reason to believe Blake and the remaining occupants of the car would continue their flight if he left the site to procure an arrest warrant. Therefore, Jones' pursuit of Blake into his home in order to apprehend him without a warrant, based on probable cause to believe he was fleeing law enforcement, was justified. See Banks v. State, (1976) 265 Ind. 71, 351 N.E.2d 4.

This case is distinguishable...