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Dixon & Moseley | Attorneys At Law
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The Attorneys at Dixon & Moseley, P.C.

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  5. When the Police Can “Stop” You on The Street or In a Public Area

When the Police Can “Stop” You on The Street or In a Public Area

On Behalf of Dixon & Moseley, P.C. | Aug 9, 2017 | Criminal Appeals, Supreme Court

What makes our society safe (police) and free (doing what you want) is the delicate balance of power created by the Fourth Amendment to the United States Constitution. For Hoosiers, there is also a balance of power created by Article 1, Section 11 of the Indiana Constitution.

A topic not well understood but in the daily news is when the police act (or fail to act). For police and citizens there is no agreement in any given case, but do you know the law?

This blog post explores when police may “stop” a person on the street or public place. This is known as a Terry stop and depends on objective facts. Specifically, a police officer may briefly detain an individual if he or she has “reasonable suspicion” that criminal activity is afoot. The question is how would you define “reasonable suspicion”?

The technical or legal answer is “reasonable suspicion” exists where the facts are known to the police officer and “reasonable inferences” would cause an “ordinarily prudent person” to believe criminal activity is or is about to occur. The two quoted phrases are key for you to understand to understand when a police officer may conduct a stop.

A “reasonable inference”, for example, might be if a person is standing still outside and you look from a window and see him or her sweating, it is an inference it is hot outside. The “ordinarily prudent person” is one who is the average or normal within our societal norms. A person who has been brutally victimized may not be the “ordinarily prudent person” to assess whether a crime is or is about to occur. Equally, an “ordinarily prudent person” would necessarily not be a person who lives in the safest city in America and does not watch the news. It is an ordinary person exposed to our society.

In a recent case decided by the Indiana Supreme Court1 involving applying the abstract concepts, within the politically sensitive legal issue of a firearm, the high court reversed a teenager’s handgun conviction based on the police not having reasonable suspicion to stop the teen. The remedy is suppression of the handgun he was found to possess and prohibition of the police officer’s testimony so he could not be retried.

The facts known to the officers at the time they stopped the teen, Jordan Jacobs, were as follows: Jacobs was in an Indianapolis park with a red T-shirt over his shoulder and hanging out with a few people. Days earlier, there were reports of shots fired by teens wearing red clothing, a reputed gang color. Officer Terry Smith watched the group and saw Jacobs and another person leave the area when a park ranger came on patrol.

The two later returned, and Smith approached Jacobs. Jacobs quickly walked away but stopped when told to do so. He was found with a handgun and convicted of misdemeanor possession of a handgun without a license; but at trial, he objected to the officer’s testimony and admission of the handgun as the stop being made was without reasonable suspicion.

The Supreme Court agreed, noting even though Jacobs had a red T-shirt draped on his shoulder, which could give rise that he was involved with a gang, police had no reasonable suspicion that Jacobs’ specifically was involved in any way with the earlier shooting. Being involved in a gang is not specifically illegal.

Thus, the facts do matter in criminal cases where there is a Terry stop involved. Criminal cases can become exceedingly complex and reach the very depths of the constitution and define the right between police power and freedom to act. The careful analysis of the facts may mean the difference between a conviction; chose your criminal defense and appellate counsel carefully.

This blog post was written by attorneys at Dixon & Moseley, P.C. who handle criminal defense cases throughout the State of Indiana, with particular interests in firearms cases. This blog post is written for general educational purposes only and is not a solicitation for representation nor is it legal advice. It is an advertisement.

  • Jacobs v. State, 49S02-1706-CR-438 (Ind. June 29, 2017).
  • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)

    On Behalf of Dixon & Moseley, P.C. | Aug 5, 2026 | Firm News

    An Indiana appellate lawyer's guide to determining whether a trial court order can be appealed and when appellate review may be available. Quick Answer: What Orders Can Be Appealed in Indiana? Not every unfavorable court ruling can be appealed immediately. In Indiana,...

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    On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

    An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

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    On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

    A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

    Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

    On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

    When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

    When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

    Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

    Failure to Object: When Is an Issue Waived?

    On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

    An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

    Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

    On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

    In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

    How to Preserve Error for Appeal in Indiana

    On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

    Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

    Can a mother legally deny parenting time to an unmarried father?

    On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

    The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

    What Happens to the House in an Indiana Divorce?

    On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

    Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

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    Recent Posts

    • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)
    • How Many Days Do You Have to Appeal in Indiana? (2026)
    • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
    • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
    • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

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