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D.F. v. State

Court of Appeals of Indiana

May 13, 2015

D.F., Appellant-Respondent,
v.
State of Indiana, Appellee-Petitioner

As Corrected July 29, 2015.

Page 687

Appeal from the Marion Superior Court; The Honorable Marilyn A. Moores, Judge; The Honorable Geoffrey Gaither, Magistrate; 49D09-1405-JD-1115.

ATTORNEY FOR APPELLANT: Elizabeth A. Houdek, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana; Monika Prekopa Talbot, Deputy Attorney General, Indianapolis, Indiana.

May, Judge. Robb, J., and Mathias, J., concur.

OPINION

Page 688

May, Judge.

[¶1] D.F. appeals his adjudication as a delinquent. He asserts the court erred by admitting the handgun found inside his sweatshirt because the search of his sweatshirt violated the Fourth Amendment to the United States Constitution and Article 1, Section 11 of the Indiana Constitution.

[¶2] We affirm.

Facts and Procedural History

[¶3] Around 8:00 p.m. on May 6, 2014, a citizen approached a police officer and reported " a black male with a black hoodie that had a large black gun with a long magazine in the park on the bleachers." (App. at 12.) The officer reported the information and it was released over dispatch. Officer Adam Mengerink responded to the dispatch.

[¶4] As Officer Mengerink approached in his vehicle, he saw D.F. on the bleachers taking off a black hoodie. D.F. sat down on the bleachers next to the hoodie. As Officer Mengerink walked toward the bleachers, D.F. began " [s]cooting away from the sweatshirt." (Tr. at 7.) Officer Mengerink opened the hoodie and found a gun.

[¶5] The State filed a delinquency petition alleging D.F. committed an act that would, if committed by an adult, be Class A misdemeanor dangerous possession of a firearm[1] and Class A misdemeanor carrying a handgun without a license.[2] D.F. objected to the admission of the handgun and Officer Mengerink's testimony about ...


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