Joseph C. Hudson v. State of Indiana
Joseph C. Hudson v. State of Indiana
Opinion
*223 STATEMENT OF THE CASE
[1] Appellant-Defendant, Joseph C. Hudson (Hudson), appeals the trial court's denial of his motion to suppress certain evidence.
[2] We affirm.
ISSUES
[3] Hudson raises two issues in this interlocutory appeal, which we restate as:
(1) Whether the trial court properly denied Hudson's motion to suppress his statements made prior to being given Miranda warnings; and
(2) Whether the trial court properly denied Hudson's motion to suppress the evidence discovered pursuant to a warrantless search of his vehicle.
FACTS AND PROCEDURAL HISTORY
[4] On April 29, 2016, Officer Jason B. Wright of the Owensville Police Department (Officer Wright) was dispatched to 205 North Scott Street in Owensville, Indiana, on a report of a domestic disturbance. Officer Wright was informed that the ex-husband, later identified as Hudson, was on the scene and possibly had a handgun. When Officer Wright arrived, he saw Hudson, Caligaro Sparacino (Sparacino), and Sparacino's son standing next to a black Dodge pick-up. Officer Wright placed Hudson in handcuffs and put him in the back of his patrol car.
[5] After placing Hudson in the backseat of the police vehicle, Officer Wright "asked him what was going on this evening and where the gun was at." (Transcript p. 6). Hudson responded that "he didn't know anything about a gun, and then he told [the officer] that [he] and his ex-wife got in an argument. Then the daughter stepped in." (Tr. p. 6). Returning to the other people on the scene, Officer Wright spoke with Sparacino. Sparacino informed him that Hudson wanted help loading a brake press. While Sparacino was helping Hudson, an argument broke out between Hudson and his ex-wife, "and the daughter stepped in between them. Then [Hudson] knocked the daughter down." (Tr. p. 7). Sparacino explained that he tried to break up the parties, and he was briefly successful when Hudson returned to his truck. Hudson's daughter confirmed Sparacino's version of the event and added that "her dad hit her in the face and knocked her down." (Tr. p. 27). She advised the officer that after Sparacino interfered, she saw her father return to the truck and get a gun. "She watched him walk to the front of the truck and cock the gun." (Tr. p. 27).
[6] Based on Hudson's daughter's disclosure and his own safety concerns, Officer Wright searched the truck and "found an empty holster on the driver side seat." (Tr. p. 16). Officer Wright returned to his police vehicle to speak with Hudson again. Officer Wright "still didn't locate a gun, [but] [he] knew there was a gun somewhere. [He] just didn't know where it was at." (Tr. p. 17). Officer Wright told Hudson that he had found a gun holster and gave him Miranda warnings. He then asked Hudson "why he got the handgun out. And [Hudson] told [him] that it was for his protection." (Tr. p. 10). The officer later located the handgun in Hudson's truck.
[7] On May 6, 2016, the State filed an Information, charging Hudson with Count I, intimidation with a deadly weapon, a Level 5 felony,
[8] Additional facts will be provided if necessary.
DISCUSSION AND DECISION
[9] Hudson contends that the trial court abused its discretion by denying his motion to suppress. Where a party appeals from the trial court's grant or denial of a motion to suppress, it appeals from a negative judgment and must show that the ruling on the motion was contrary to law.
State v. Keller
,
I. Miranda Warnings
[10] Focusing on the officer's initial encounter with Hudson and the officer's questioning to ascertain the seriousness of the situation, Hudson contends that Officer Wright should have provided him with Miranda warnings at the moment he was being handcuffed and submitted to a custodial interrogation.
[11] In
Miranda v. Arizona
,
[12] When Officer Wright arrived on the scene, he was faced with a report of domestic disturbance, three individuals, and the allegation that a gun was possibly involved. In an attempt to decrease the tension and to provide a safe environment for everyone, Officer Wright separated the parties by placing Hudson in handcuffs and in the back of his patrol vehicle. Trying to confirm the presence or location of a possible weapon, Officer Wright asked Hudson "what was going on this evening and where the gun was at." (Tr. p. 6). After denying any knowledge about a gun, Hudson advised the officer that he and his ex-wife had gotten in an argument.
[13] We have previously held that the use of handcuffs would cause a reasonable person to feel that one was not free to leave and that one's freedom of movement was retrained to the degree associated with a formal arrest.
Wright v. State
,
[14] Next, we must determine whether Officer Wright's inquiry amounted to police interrogation. For purposes of
Miranda
, police interrogation includes both express questioning and words or actions that, given the officer's knowledge, the officer should know are reasonably likely to elicit an incriminating response from the suspect.
Wright
,
[15] Based on the totality of the circumstances, we conclude that Officer Wright's initial question to Hudson amounted to an inquiry into the facts of the situation, which did not require a
Miranda
advisement. When the officer arrived at the scene, he was aware that a gun might possibly be involved; however, unaware of its presence or its ownership, the officer commenced his investigation by separating the parties. Trying to ascertain whether his information was correct, the officer inquired as to "where the gun was[.]" (Tr. p. 6). Without more definite information about the presence, location, or ownership of the weapon, Officer Wright conducted "[g]eneral on-the-scene questioning as to facts surrounding a crime or other general questioning of citizens in the fact-finding process," which does not fall within the purview of
Miranda
requirements.
Miranda
,
II. Warrantless Search of Vehicle
[16] Next, Hudson contends that the search of his truck was conducted in violation of the Fourth Amendment to the United States Constitution.
1
The Fourth Amendment to the United States Constitution provides, in pertinent part: "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated[.]" As a general rule, the Fourth Amendment prohibits warrantless searches.
Masterson v. State
,
[17] In
Myers v. State
,
In light of the Supreme Court's recent emphatic statement in Dyson that the automobile exception 'does not have a separate exigency requirement,' 527 U.S. at 467 [119 S.Ct. 2013 ,144 L.Ed.2d 442 (1999)], we conclude that this exception to the warrant requirement under the Fourth Amendment does not require any additional consideration of the likelihood, under the circumstances, of a vehicle being driven away. Rather, we understand the 'ready mobility' requirement of the automobile exception to mean that all operational, or potentially operational, motor vehicles are inherently mobile, and thus a vehicle that is temporarily in police control or otherwise confined is generally considered to be readily mobile and subject to the automobile exception to the warrant requirement if probable cause is present.
"Facts necessary to demonstrate the existence of probable cause for a warrantless search are not materially different from those which would authorize the issuance of a warrant if presented to a magistrate."
Gibson v. State
,
[18] We conclude that Officer Wright had probable cause to conduct a warrantless search of Hudson's truck. After speaking with Hudson's daughter, Officer Wright received confirmation of the report that a weapon was involved as well as its ownership. Officer Wright also learned from Hudson's daughter that Hudson had reached into his vehicle to get a gun as "[s]he watched him walk to the front of the truck and cock the gun." (Tr. p. 27). Based on these statements, Officer Wright could reasonably conclude that Hudson had committed intimidation and that a search of the readily mobile truck would uncover evidence of a handgun. Therefore, the warrantless search of the vehicle was permissible and the trial court properly denied Hudson's motion to suppress.
CONCLUSION
[19] Based on the foregoing, we hold that the trial court properly denied Hudson's motion to suppress certain statements and the evidence discovered during a warrantless search of his vehicle.
[20] Affirmed.
[21] Bailey, J. and Pyle, J. concur
Hudson did not present an argument as to the reasonableness of the search under the Indiana Constitution. His appellate brief contains no reference to the Indiana Constitution, much less the "separate legal analysis" that is required to argue the legality of the search under our State constitution.
See
State v. Friedel
,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.