This Traveling Oral Argument will not be webcast live because it will not take place in the Court of Appeals Courtroom. Video of the event will become available within about one week after the hearing. See Oral Arguments Online for video.

Phillip D. Hutson, Jr. initiates this interlocutory appeal following the denial of his motion to suppress.  Hutson argues the trial court erred in not suppressing a handgun found on him during a stop by Indiana State Trooper Scott Probasco.

At approximately 2:00 a.m. on June 28, 2021, Trooper Probasco responded to call about a man walking on the shoulder of the road on I-465.  Upon seeing Hutson, Trooper Probasco activated his emergency lights and asked Hutson what he was doing.  Hutson replied his car had broken down and he was walking to a gas station.  During the encounter, Trooper Probasco observed the grip of a handgun sticking out of Hutson’s waistband.  Trooper Probasco asked Hutson if he had any handguns on him and Hutson appeared nervous and asked if he was going to go to jail.  Trooper handcuffed Hutson and retrieved a handgun from Hutson’s waistband.

Hutson argues Trooper Probasco violated Hutson’s rights against unreasonable search and seizure under the Fourth Amendment to the United States Constitution and Article I, Section 11 of the Indiana Constitution twice.  First, Hutson contends Trooper Probasco did not have reasonable suspicion to activate his emergency lights and stop Hutson.  Second, Hutson contends Trooper Probasco did not have reasonable suspicion to handcuff Hutson and perform the search that ultimately yielded the handgun.  In response, the State argues Trooper Probasco lawfully stopped Hutson because he had reasonable suspicion Hutson was committing an infraction by walking on the shoulder of I-465.  The State also contends Trooper Probasco lawfully handcuffed and searched Hutson after he observed a gun in Hutson’s waistband in plain view.

The scheduled panelists are Judge Riley, Judge Bailey, and Judge May.