26A-JV-01392•M B v. State of Indiana
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Court of Appeals of Indiana | Memorandum Decision 26A-JV-1392 | October 20, 2026 Page 1 of 11 Pursuant to Ind. Appellate Rule 65(E), the trial court and parties shall not take any action in reliance upon this memorandum decision until it is certified. MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision is not binding precedent for any court and may be cited only for persuasive value or to establish res judicata, collateral estoppel, or law of the case. I N T H E Court of Appeals of Indiana M.B., Appellant-Respondent v. State of Indiana, Appellee-Petitioner October 20, 2026 Court of Appeals Case No. 26A-JV-1392 Appeal from the St. Joseph Probate Court The Honorable Rachel J. Luken, Magistrate Trial Court Cause No. 71J01-2510-JD-239 Memorandum Decision by Judge Bradford
Court of Appeals of Indiana | Memorandum Decision 26A-JV-1392 | October 20, 2026 Page 2 of 11 Judges Bailey and Altice concur. Bradford, Judge. Case Summary [1] On Saturday, October 4, 2025, after observing a traffic infraction, South Bend police initiated a traffic stop of a vehicle in an area in which, it had been reported, there had recently been gunfire during home Notre Dame football games. M.B. and three other juveniles were in the vehicle at the time of the traffic stop. Officers conducted a warrantless search of the vehicle after observing what appeared to be drug remnants in plain sight on the floorboard near the driver’s seat and furtive movements by one of the backseat passengers that were consistent with an attempt to hide contraband. Officers ultimately recovered suspected marijuana and three firearms from the vehicle. One of the firearms, an AR-style pistol with a brass catcher attached, was found in a backpack that had been at M.B.’s feet in the front passenger seat. [2] M.B. was alleged to be a delinquent child for dangerously possessing a firearm in violation of Indiana Code section 35-47-10-5(a). M.B. moved to suppress the evidence recovered from the vehicle, arguing that the search had not been warranted under either the Fourth Amendment to the United States Constitution (the “Fourth Amendment”) or Article I, Section 11 of the Indiana Constitution (“Article I, Section 11”). The case proceeded to an evidentiary hearing after the juvenile court denied M.B.’s motion. M.B. renewed his
Court of Appeals of Indiana | Memorandum Decision 26A-JV-1392 | October 20, 2026 Page 3 of 11 objection to the admissibility of the evidence during the evidentiary hearing. The juvenile court admitted the challenged evidence. At the conclusion of the evidentiary hearing, the juvenile court found M.B. to be a delinquent child and ordered that he be placed on probation, complete a day-reporting program, and participate in any recommended treatment. M.B. contends that the juvenile court abused its discretion by admitting the challenged evidence. Because we disagree, we affirm. Facts and Procedural History [3] In the late afternoon or early evening of October 4, 2025, South Bend police officers Steven Spadafora, Ryan Rush, and Drake Pauwels were patrolling “the Eddy Street Commons area” where “there had been some recent gun violence … on [the day of] Notre Dame home” football games. Tr. Vol. II p. 150. As part of the Strategic Focus Unit, Officer Spadafora and the other officers were patrolling the area in a golf cart, “conducting focus deterrence patrols, which is basically, we go into these areas, we saturate them with traffic stops, pedestrian stops, any small infractions we can enforce just to be seen, try to turn on the lights more, try to deter any violence from occurring.” Tr. Vol. II pp. 150–51. The officers were traveling behind a silver Impala when they observed the Impala “cross the double yellow lines” before returning to its lane. Tr. Vol. II p. 151. Having observed a traffic infraction, the officers “initiated [a] traffic stop on that vehicle.” Tr. Vol. II p. 151.
Court of Appeals of Indiana | Memorandum Decision 26A-JV-1392 | October 20, 2026 Page 4 of 11 [4] Upon approaching the vehicle and “[w]hile speaking with the driver, [Officer Spadafora] observed what [he] believe[d] to be the remnants of marijuana on the ground.” Tr. Vol. II p. 151. Officer Spadafora’s belief that the remnants, which were in plain sight, were marijuana was based on his “law enforcement training and experience[.]” Tr. Vol. II p. 55. As Officers Rush and Pauwels approached the vehicle, they observed furtive movements by one of the backseat passengers, which, in their training and experience, were consistent with an attempt to hide contraband. Out of concern for their safety, the officers removed the four juveniles from the vehicle. M.B. had been sitting in the front passenger seat with a backpack on the floorboard between his legs. [5] Although the driver had indicated to Officer Spadafora that there were no firearms in the vehicle, the officers recovered three firearms and a package of suspected marijuana from the “front center console area” following a search of the vehicle. Tr. Vol. II p. 184. Officer Pauwels recovered a “black handgun … that had an extended magazine and had duct tape taped around the … hand grip” from the floorboard area near where the “rear right passenger” had been making furtive movements. Tr. Vol. II p. 181. A Glock handgun with a “switch”1 and a fully-loaded drum magazine was recovered from the trunk. Tr. Vol. II p. 185. Officers recovered a third firearm, an “AR-style pistol with a brass catcher attached to it[,]” from the backpack that had been between M.B.’s 1 A “switch” is a term for a “machine gun conversion device” which “allow[ed] the handgun to go from semi-automatic gunfire to fully automatic.” Tr. Vol. II p. 185.
Court of Appeals of Indiana | Memorandum Decision 26A-JV-1392 | October 20, 2026 Page 5 of 11 legs. Tr. Vol. II p. 184. A brass catcher is an attachment that “covers the ejection port so that whenever a round is fired, that shell casing gets collected by [the] brass catcher. So it basically eliminates … evidence of a crime” by collecting spent shell casings and preventing them from “being scattered around after being fired.” Tr. Vol. II p. 184. DNA swabs taken from different parts of the AR-style pistol contained profile mixtures that excluded the other occupants of the vehicle and were “at least one trillion times more likely” to have originated from M.B. Tr. Vol. III p. 17. [6] On October 10, 2025, the State petitioned to have M.B. found to be delinquent for dangerously possessing of a firearm in violation of Indiana Code section 35- 47-10-5(a). M.B. moved to suppress the evidence recovered during the search of the vehicle, claiming that “[t]he seizure of the property was in violation of [his] rights secured by the Constitution of the United States under the Fourth Amendment and under … Article [I, Section] 11 of the Indiana Constitution[.]” Appellant’s App. Vol. II p. 109. The juvenile court denied M.B.’s motion to suppress following a suppression hearing. The matter proceeded to an evidentiary hearing, during which M.B. renewed his objection to the admission of the evidence recovered during the search of the vehicle. The juvenile court admitted the challenged evidence. The juvenile court adjudicated M.B. “delinquent for having committed the following: Dangerous Possession of a Firearm” and ordered him to be placed on probation, complete a day-reporting program, and participate in any recommended treatment. Appellant’s App. Vol. II p. 155.
Court of Appeals of Indiana | Memorandum Decision 26A-JV-1392 | October 20, 2026 Page 6 of 11 Discussion and Decision [7] M.B. challenged the admissibility of the evidence recovered from the vehicle by moving to suppress the evidence and, after that motion had been denied, objecting to admission during the evidentiary hearing. Because M.B.’s case proceeded to an evidentiary hearing, his argument on appeal is “framed as a request to review the trial court’s ruling on its admissibility.” Guilmette v. State, 14 N.E.3d 38, 40 (Ind. 2014). [8] The admission of evidence is a matter that we generally “leave to the discretion of the [juvenile] court.” Clark v. State, 994 N.E.2d 252, 259–60 (Ind. 2013). “We review these determinations for abuse of that discretion and reverse only when admission is clearly against the logic and effect of the facts and circumstances and the error affects a party’s substantial rights.” Id. at 260. “We will not reweigh the evidence and will resolve all conflicts in favor of the [juvenile] court’s ruling.” Schnitzmeyer v. State, 168 N.E.3d 1041, 1044 (Ind. Ct. App. 2021). Furthermore, “we will not reverse the decision to admit or exclude evidence if that decision is sustainable on any ground.” Carpenter v. State, 15 N.E.3d 1075, 1078 (Ind. Ct. App. 2014), trans. denied. “[W]hen reviewing suppression issues, appellate courts, like trial courts, can consider evidence from both the suppression hearing and” the evidentiary hearing. Ramos-Osario v. State, 280 N.E.3d 784, 792 (Ind. 2026).
Court of Appeals of Indiana | Memorandum Decision 26A-JV-1392 | October 20, 2026 Page 7 of 11 [9] M.B. argues that the evidence recovered from the vehicle should have been excluded under the Fourth Amendment.2 The Fourth Amendment provides as follows: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. “Accordingly, a warrantless search or seizure is per se unreasonable, and the State bears the burden to show that one of the well-delineated exceptions to the warrant requirement applies.” M.O. v. State, 63 N.E.3d 329, 331 (Ind. 2016) (internal quotation marks omitted). [10] One of the well-delineated exceptions to the warrant requirement is the automobile exception. A search falls within the automobile exception “when a vehicle is readily mobile and there is probable cause to believe it contains contraband or evidence of a crime.” Meister v. State, 933 N.E.2d 875, 878–79 2 The State argues that M.B. has waived his Fourth-Amendment argument by failing to support it with cogent reasoning, as is required by Indiana Appellate Rule 46(A)(8)(a). Given our preference for deciding cases on the merits, we reject the State’s claim of waiver and proceed to the merits of M.B.’s argument. However, we agree with the State that M.B. has waived his Article I, Section 11 claim because he failed to make a separate argument regarding the Indiana Constitution at either the suppression or evidentiary hearing. See Turner v. State, 183 N.E.3d 346, 359 (Ind. Ct. App. 2022) (providing that a party may not present an argument on appeal that is not raised before the trial court), trans. denied; Francis v. State, 764 N.E.2d 641, 647 (Ind. Ct. App. 2002) (providing that defendant’s failure to provide an analysis of his Indiana constitutional claim separate from the federal analysis resulted in waiver of the Indiana constitutional claim).
Court of Appeals of Indiana | Memorandum Decision 26A-JV-1392 | October 20, 2026 Page 8 of 11 (Ind. 2010). In Myers v. State, with respect to the mobility requirement, the Indiana Supreme Court held that [i]n light of the [United States] Supreme Court’s recent emphatic statement in [Maryland v. Dyson, 527 U.S. 465, 467 (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. This broad understanding of “readily mobile” is also consistent with the recognition that, for Fourth Amendment purposes, an individual is deemed to have a reduced expectation of privacy in an automobile. 839 N.E.2d 1146, 1152 (Ind. 2005). Applying Myers, we conclude that the vehicle in which M.B. was a passenger was readily mobile and was therefore eligible for the automobile exception. [11] The automobile exception to the warrant requirement allows police to search a vehicle without obtaining a warrant if they have probable cause to believe evidence of a crime will be found in the vehicle. This doctrine is grounded in two notions: 1) a vehicle is readily moved and therefore the evidence may disappear while a warrant is being obtained, and 2) citizens have lower expectations of privacy in their vehicles than in their homes. One reason for this diminished expectation of privacy in a car and its contents is that cars travel along public highways and are subject to pervasive government regulation. Most cases
Court of Appeals of Indiana | Memorandum Decision 26A-JV-1392 | October 20, 2026 Page 9 of 11 addressing the automobile exception arise in the context of an arrest or an investigatory stop of a motorist that gives rise to probable cause, but the exception is grounded in the mobility of the vehicle and its location in a public area, not on whether the issue arises in the context of an arrest or a traffic stop. State v. Hobbs, 933 N.E.2d 1281, 1285 (Ind. 2010) (internal quotations and citations omitted). [12] Where there is probable cause to search a vehicle, a search is not unreasonable if it is based on facts that would justify the issuance of a warrant, even though a warrant has not been obtained. The United States Supreme Court has stated that when there is probable cause that a vehicle contains evidence of a crime, a warrantless search of the vehicle does not violate the Fourth Amendment because of the existence of exigent circumstances arising out of the likely disappearance of the vehicle. Moreover, if a car is readily mobile and probable cause exists to believe it contains contraband, the Fourth Amendment thus permits police to search the vehicle without more. Meister, 933 N.E.2d at 879 (internal brackets, citations, and quotation omitted). “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.” Id. (internal quotation omitted). “Probable cause to issue a search warrant exists where the facts and circumstances would lead a reasonably prudent person to believe that a search would uncover evidence of a crime.” Id. [13] We have little trouble concluding that probable cause existed here, as Officer Spadafora observed “in plain sight the remnants of what [he] suspected through
Court of Appeals of Indiana | Memorandum Decision 26A-JV-1392 | October 20, 2026 Page 10 of 11 [his] law enforcement training and experience to be marijuana” on the floorboard near the driver’s seat. Tr. Vol. II p. 55. Additionally, Officers Rush and Pauwels observed furtive movements by one of the backseat passengers, which, in their training and experience, were consistent with an attempt to hide contraband. The officers’ observations were sufficient to establish probable cause as they would reasonably lead a prudent person to believe that a search of the vehicle would uncover evidence of a crime. See Meister, 933 N.E.2d at 879. The warrantless search of the vehicle was therefore justified under the automobile exception to the Fourth Amendment. See Myers, 839 N.E.2d at 1152. [14] Furthermore, the United States Supreme Court has held that “[i]f probable cause justifies the search of a lawfully stopped vehicle, it justifies the search of every part of the vehicle and its contents that may conceal the object of the search.” U.S. v. Ross, 456 U.S. 798, 825 (1982). This includes any container “within [the vehicle] where they have probable cause to believe contraband or evidence is contained.” California v. Acevedo, 500 U.S. 565, 580 (1991). “A passenger’s personal belongings, just like the driver’s belongings or containers attached to the car like a glove compartment, are ‘in’ the car, and the officer has probable cause to search for contraband in the car.” Wyoming v. Houghton, 526 U.S. 295, 302 (1999) (emphasis omitted). As such, because the warrantless search of the vehicle was justified, the officers also had the authority to search M.B.’s backpack, in which they recovered the firearm in question. We are unpersuaded by M.B.’s assertion that the search was impermissible under the
Court of Appeals of Indiana | Memorandum Decision 26A-JV-1392 | October 20, 2026 Page 11 of 11 Fourth Amendment. As such, we conclude that the juvenile court did not abuse its discretion in admitting the challenged evidence. [15] The judgment of the juvenile court is affirmed. Bailey, J., and Altice, J., concur. ATTORNEY FOR APPELLANT Marielena Duerring South Bend, Indiana ATTORNEYS FOR APPELLEE Theodore E. Rokita Indiana Attorney General Daylon L. Welliver Supervising Deputy Attorney General Indianapolis, Indiana
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