Nicole Miller v. State of Indiana

BAKER, Judge.

[1] Nicole Miller appeals the trial court’s interlocutory order denying her motion to suppress evidence. A police officer, responding to a call of a “disturbance” but lacking probable cause or reasonable suspicion of any criminal activity, asked Miller, to speak with him. When she instead walked away, she was arrested for resisting law enforcement. Reasserting the principles of Gaddie v. State, 10 N.E.3d 1249 (Ind.2014), we find that this arrest violated Miller’s well-established right to walk away; consequently, the subsequent search incident to the arrest violated her Fourth…