William McNeal v. State of Indiana ( 2017 )

ATTORNEYS FOR APPELLANT ATTORNEYS FOR APPELLEE
Bernice A.N. Corley Curtis T. Hill, Jr. FILED
Ruth Ann Johnson Attorney General of Indiana
Jun 20 2017, 10:29 am
Marion County Public Defender Agency
Indianapolis, IN George P. Sherman CLERK
Indiana Supreme Court
Deputy Attorney General Court of Appeals
and Tax Court
Indianapolis, Indiana
______________________________________________________________________________
In the
Indiana Supreme Court
_________________________________
No. 49S05-1706-CR-405
WILLIAM MCNEAL,
Appellant (Defendant below),
v.
STATE OF INDIANA,
Appellee (Plaintiff below).
_________________________________
Appeal from the Marion Superior Court, No. 49G21-1509-F5-31039
The Honorable Shannon Logsdon, Judge Pro Tempore
_________________________________
On Petition to Transfer from the Indiana Court of Appeals, No. 49A05-1604-CR-838
_________________________________
June 20, 2017
Per Curiam.
On August 28, 2015, police encountered a man lying face down on the sidewalk and called
for medical assistance. Soon thereafter, William McNeal approached the scene and attempted to
rouse the man to leave. Police on the scene noted that McNeal exhibited slurred speech, unsteady
gait, and glassy eyes, and asked him to sit down. McNeal refused and then tripped over the man
on the sidewalk and fell down. When McNeal tried to get up to leave, he fell down again, so police
placed him in handcuffs to keep him seated. Medics arrived and determined that McNeal and the
man should be transported to the hospital. During this period, police ran a check on McNeal’s
identification and discovered he had an outstanding arrest warrant. During a search before the
medical transport, police found baggies of cocaine in McNeal’s pants pocket.
McNeal was charged with Level 5 felony possession of cocaine. Before and during trial,
McNeal sought to exclude the cocaine evidence, contending it was obtained as a result of an
unconstitutional detention. The trial court admitted the evidence and found McNeal guilty.
McNeal appealed, and the Court of Appeals affirmed. McNeal v. State, 62 N.E.3d 1275 (Ind. Ct.
App. 2016), reh’g denied. Among other things, the Court of Appeals concluded McNeal’s
detention was supported by reasonable suspicion that he was publicly intoxicated, and thus the
cocaine was properly admitted.
McNeal seeks transfer. He does not dispute that his encounter with police was justified by
reasonable suspicion of public intoxication. Rather, he asks this Court to vacate a portion of the
Court of Appeals’ opinion discussing the community caretaking exception to the Fourth
Amendment’s warrant requirement.
McNeal’s request is well-taken. We now grant transfer, vacating the Court of Appeals’
discussion of the community caretaking function—specifically, the final sentence of Section 1, the
entirety of Section 1.1, the first phrase of Section 1.2, and the second sentence of the paragraph
numbered 25. See 62 N.E.3d at 1281-83, 1285; Ind. Appellate Rule 58(A). We summarily affirm
the remainder of the Court of Appeals’ opinion, including the rest of Section 1.2 (concluding
McNeal’s detention did not violate the Fourth Amendment because police had reasonable
suspicion he “had committed, or was about to commit, the crime of public intoxication”), and the
rest of Section 2 (finding no Indiana constitutional violation). See 62 N.E.3d at 1283-85; Ind. App.
R. 58(A)(2).
All Justices concur.