IN: Failure to object to a search is likely a waiver in a plain error state

While Indiana is a plain error state, the failure to raise a search and seizure issue before trial is likely a waiver because, as here, there was nothing on which to base a fundamental error claim, as it was presented. Mamon v. State, 2014 Ind. App. LEXIS 144 (April 7, 2014).*

Police responded to a shots fired call and there was a crowd of about 25 involved in a fight. With a police dog the officer dispersed the crowd. Once things calmed down, a woman said that that man over there in the pink shirt had a gun. She nodded her head in defendant’s direction. The officer approached the defendant, and the defendant walked off. The officer followed and defendant went to a house and up on the porch. The officer tried to talk to him, but he was getting more nervous and fidgeting with his keys to go in the house. The officer tried to handcuff him for officer safety, and he resisted, so the officer threatened the dog would bite, and defendant complied. The patdown was with reasonable suspicion, and the woman was not truly anonymous. State v. Blackshear, 2014 Del. Super. LEXIS 181 (April 7, 2014).*