Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

K.G. v. State

Court of Appeals of Indiana

July 31, 2017

K.G., Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

         Appeal from the Hendricks Superior Court The Honorable Karen M. Love, Judge Trial Court Cause No. 32D03-1610-JD-250

          ATTORNEY FOR APPELLANT Jeffery A. Earl Danville, Indiana.

          ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General of Indiana Denise A. Robinson Deputy Attorney General Indianapolis, Indiana.

          MAY, JUDGE.

         [¶1] K.G. appeals his adjudication as a delinquent child for having committed acts that, if committed by an adult, would be Class A misdemeanor carrying a handgun without a license, [1] Class C misdemeanor illegal possession of an alcoholic beverage, [2] and Class C misdemeanor possession of paraphernalia.[3]K.G. asserts the evidence supporting his adjudications was inadmissible because it was collected in violation of his constitutional rights to be free of illegal search and seizure. We reverse.

         Facts and Procedural History

         [¶2] During the late morning of October 1, 2016, Lieutenant Robert Paris ("Lt. Paris") of the Avon Police Department received a dispatch regarding a suspicious male who was approaching females in a Kroger parking lot and asking to use their cell phones. The dispatch also stated the male had a backpack and might be a runaway. Lt. Paris was given a physical description of the male and, upon his arrival at the store, saw a male who fit that description walking in front of the store. Lt. Paris saw the male-later identified as K.G.- was carrying two backpacks, and the lieutenant suspected K.G. was a runaway.

         [¶3] Lt. Paris got out of his police car and told K.G. to stop. Lt. Paris then asked K.G. his age and whether he was a runaway. K.G. responded he was "almost seventeen" and was not a runaway. (Tr. Vol. 2 at 12.) Lt. Paris then asked who the backpacks belonged to, and K.G. reported the backpacks belonged to someone else. When Lt. Paris asked for that friend's name, K.G. reported "Jacob" but could not provide Jacob's last name, address, or phone number. (Id. at 13.) Lt. Paris then "decided to pat [K.G.] down for [the lieutenant's] own safety." (Id.)

         [¶4] During the pat-down, Lt. Paris "immediately located a - what ended up being a box of ammunition in [K.G.'s] left front pants pocket." (Id. at 14.) Lt. Paris handcuffed K.G. and removed the ammunition from his pocket. Lt. Paris then searched K.G.'s backpacks and found a loaded handgun that contained the same type of ammunition found in K.G.'s pocket, two soda bottles filled with alcohol, and a glass pipe with burnt marijuana residue.

         [¶5] Thereafter, the State filed a petition alleging K.G. was a delinquent child for committing acts that, if committed by an adult, would have been Class A misdemeanor carrying a handgun without a license, Class C misdemeanor illegal possession of an alcoholic beverage, and Class C misdemeanor possession of paraphernalia.

         [¶6] On October 24, 2016, the day of the fact-finding hearing, K.G. filed a motion to suppress the evidence found during the pat-down and search of his backpacks (i.e., the box of ammunition, handgun, alcohol, and glass pipe). K.G. argued, in relevant part, that Lt. Paris's search of K.G. and his backpacks was a warrantless search in violation of K.G.'s constitutional rights under the Fourth Amendment to the United States Constitution and Article 1, Section 11 of the Indiana Constitution.[4] Before the fact-finding hearing, the court heard testimony from Lt. Paris and denied K.G.'s motion to suppress.

         [¶7] The court continued immediately into the fact-finding hearing, incorporated Lt. Paris's testimony from the suppression hearing, and overruled K.G.'s renewed objection to the ammunition, gun, alcohol, and glass pipe. After hearing additional testimony, the juvenile court entered true findings that K.G. was a delinquent child for the offenses of carrying a handgun without a license, illegal possession of an alcoholic beverage, and possession of paraphernalia, and it ordered K.G. placed in the Indiana Department of Correction.

         Discussion and Decision

         [¶8] K.G. argues the juvenile court abused its discretion when it denied his motion to suppress all the evidence collected by Lt. Paris and admitted that evidence at his delinquency hearing.[5] Because K.G. appeals following his delinquency hearing, the issue on appeal is whether the juvenile court abused its discretion by admitting the evidence during the fact-finding hearing. See A.M. v. State, 891 N.E.2d 146, 148 (Ind.Ct.App. 2008), trans. denied.

         [¶9] The decision whether to admit evidence falls within the sound discretion of the trial court, and we review the decision only for an abuse of discretion. Wilson v. State, 765 N.E.2d 1265, 1272 (Ind. 2002). An abuse of discretion occurs when the trial court's decision is clearly against the logic and effect of the facts and circumstances before it. Conley v. State, 972 N.E.2d 864, 871 (Ind. 2012), reh'g denied. As we conduct our review, we may not reweigh the evidence, but we consider both the conflicting evidence, which we accept in the light most favorable to the trial court's decision, and any "uncontradicted evidence to the contrary." Pinner v. State, 74 N.E.3d 226, 229 (Ind. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.