In a recent Marion County case, the Indiana Court of Appeals upheld that Hoosiers can lawfully walk away from police when officers lack probable cause or reasonable suspicion for criminal activity. The Court determined that police illegally arrested a woman for resisting law enforcement when she lawfully exercised her right to walk away. As a result, evidence gathered during the course of her arrest was ordered suppressed, including alleged spice and Ecstasy found during a pat down.
“Hey, I Need to Talk to You”
Two Indianapolis police officers received a report that a woman was causing a disturbance at a local convenience store. Upon arrival, officers saw the defendant walking across the street away from the store. An employee came outside and pointed at her. The woman was approaching the door of an apartment by the time officers drove up. One officer exited the vehicle and said, “Hey, I need to talk to you.” The woman turned, looked at the officer, ignored him, and walked into the apartment.
The woman came outside 10 – 15 minutes later. The officer asked why she did not stop to speak with them. She replied, “I didn’t know what you wanted to talk to me about.” Immediately, the woman was placed under arrest for resisting law enforcement. While patting the woman down, police also found alleged spice and Ecstasy. Afterward, police also spoke with the convenience store clerk, who said that the woman became upset and damaged the electronic card reader.
Ultimately, police charged the woman with possession of a controlled substance, criminal mischief, possession of a synthetic drug, and resisting law enforcement. The defendant filed a motion to suppress the evidence found during the pat down, arguing that the spice and Ecstasy were the products of an illegal search. The Marion County trial court denied the defendant’s motion.
