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.

State v. Janes

Court of Appeals of Indiana

May 10, 2018

State of Indiana, Appellant-Plaintiff,
v.
Larry O. Janes, Appellee-Defendant.

          Appeal from the Jennings Circuit Court The Honorable Jon W. Webster, Judge Trial Court Cause No. 40C01-1605-F2-5

          Attorneys for Appellant Curtis T. Hill, Jr. Attorney General of Indiana Justin F. Roebel Deputy Attorney General Indianapolis, Indiana

          Attorneys for Appellee Mark J. Dove R. Patrick Magrath Alcorn Sage Schwartz & Magrath, LLP Madison, Indiana

          Bailey, Judge.

         [¶1] The State appeals the trial court's suppression of evidence found during a search of Larry Janes's vehicle, arguing that the trial court erred by finding that because a Pirtle[1] warning was not given, suppression was warranted. Finding no error, we affirm.

         Facts [2]

         [¶2] In the early morning of May 17, 2016, Janes and a passenger drove past Jennings County Sheriff's Department Reserve Deputy Jason Littrell on a rural road. Deputy Littrell observed that Janes failed to dim his headlights. Deputy Littrell followed Janes's vehicle for a minute so he could stop Janes in a well-lit area; during this time, the deputy observed Janes slow down so that he was driving under the posted speed limit, turn on his turn signal well before an intersection, stop well in front of the white line at the intersection, make a wide turn at the intersection, and drive on the emergency portion of the road.

         [¶3] Once Deputy Littrell stopped the vehicle and approached Janes, he advised Janes why he stopped him, and Janes admitted that he did not dim his headlights for approaching traffic. Deputy Littrell observed that Janes was nervous and would not make eye contact with him, and when the deputy requested his driver's license, Janes initially handed him a bank card. This behavior, coupled with what the deputy had observed while following Janes, made Deputy Littrell suspect that Janes was impaired. He then requested additional officers to assist at the scene.

         [¶4] Deputy Heilers and Sergeant Ritchie arrived shortly thereafter. Sergeant Ritchie testified that when he arrived, he "mentioned that [he] heard a lot of information about Larry Janes being involved in the drug world" or "with methamphetamine." Tr. Vol. II p. 78. After Deputy Littrell ran Janes's license, which came back clean, he returned to Janes's vehicle on the driver's side, while Deputy Heilers approached the vehicle on the passenger's side. Deputy Littrell gave Janes a verbal warning for failure to dim his headlights. He then turned and stepped toward his patrol car. Deputy Littrell testified that he then "went back to the driver's door and asked the driver if he would give consent to search the vehicle due to us trying to clean the streets up and recover stolen items and such." Id. at 13. Deputy Littrell testified that Janes consented and then "I advised him if he agreed to giving us consent to search the vehicle, I asked him and the passenger to open the door and step out and walk to the rear of his vehicle and the front of mine and stand with Sargent [sic] Ritchie." Id. Janes and the passenger complied.

         [¶5] Deputy Littrell's body camera recorded their exchange:

Deputy Littrell: All right, Larry, here's your ID back. Like you said, you know why I pulled you over, right?
Janes: Yeah, it won't happen again (inaudible) one thing (inaudible) hard to see anyway.
Deputy Littrell: All right, you had anything to drink tonight, anything like that?
Janes: No sir.
Deputy Littrell: ...

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.