Mathias, J.
On August 24, 2012, Detectives Brandon Lapossa (“Detective Lapossa”) and Rick Crussen (“Detective Crussen”) of the Bloomington Police Department were looking for Clinton Douthitt (“Douthitt”).1 Douthitt worked for a moving company, and the police had information that Douthitt may have been involved in the theft of a handgun that had been taken from one of the company’s clients. They also thought that this handgun may have been used in a murder. [Footnote omitted.] The detectives looked up Douthitt’s information with the Indiana Bureau of Motor Vehicles (“BMV”) and found that his last address was listed as 6552 East Collins Lane in Bloomington, Indiana. The detectives went to Collins Lane looking for Douthitt’s address. They initially went to the front door of a house they thought was 6552 East Collins Lane and knocked on the door, but no one answered. They then looked at mailboxes located on the side of the road and decided to try another home located at the end of a long driveway.
The detectives drove up the private drive for about fifty yards until they saw a cable stretched across the drive. The cable was fastened to two posts at opposite sides of the drive and secured by two padlocks, at least one of which was unlocked. There was also an “ADT” security sign posted near the cable and a small, black security camera on a nearby tree. Also nearby, but not noticed by the detectives, was a “No Trespassing” sign located on a tree just beyond the cable to the right of the driveway. Despite all of these clear warnings that visitors to the premises were not invited or desired, Detective Crussen exited the police vehicle, removed the cable from one of the padlocks, and lowered the cable so that he and Detective Lapossa could proceed to drive up the driveway. As they drove up the driveway, the detectives saw a mobile home ahead, with several outbuildings, including a garage, to the left of the driveway as they proceeded toward the home.
The detectives parked their car approximately seventy to one-hundred yards away from the mobile home, exited the vehicle, and began to walk toward the home. As they did so, they detected an odor of marijuana that seemed to be coming from the area of the garage. Shortly after the detectives exited their vehicle, defendant Jost came out of the garage, at which time the odor of marijuana became stronger. . . . .
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The Defendants claim that the police action here violated their rights under both the Fourth Amendment of the United States Constitution and Article 1, Section 11 of the Indiana Constitution. Because we conclude that the police action here was unreasonable under Article 1, Section 11, we do not address the Defendants’ claims under the Fourth Amendment.
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Here, the degree of concern, suspicion, or knowledge that the police had was not terribly strong. Although the crimes they were investigating were serious, the State provided scant evidence regarding how the detectives came to suspect Douthitt. Detective Crussen explained that Douthitt had possibly been part of the moving crew that worked a job where a handgun later went missing. See Tr. pp. 2-4. Thus, it appears that the police were simply attempting to find Douthitt for a “stop and talk” consensual encounter. There is no evidence that the police had probable cause, or even reasonable suspicion, to detain Douthitt in connection with the theft of the gun or the murder. More importantly, the police were unsure as to where Douthitt lived. They knew that he had lived on East Collins Lane at some point, and had an address where they thought they might locate him. But they were unsure as to exactly where he lived, and took little or no steps to make sure that they had the right address when they encountered the cable stretched across the drive.
Here, it is the degree of intrusion that is most troubling about the actions of the police at issue in this appeal. When the police drove several yards up the drive they encountered what can only be described as a sign that strangers were not welcome. A cable blocked the drive—a clear indication that the occupants of the land did not desire unknown vehicles to drive further onto the property. There was also a home-security sign posted near the cable and a security camera on a nearby tree. Again, these are not exactly indications that visitors are welcome. And even though it was not noticed by the detectives, we cannot overlook the fact that there was also a “No Trespassing” sign posted on a tree just beyond the cable.
Under these circumstances, a reasonable person would not feel welcome to take down the cable without permission and continue to drive onto the property. Indeed, a person who, not having a contractual interest in the property, knowingly enters the real property of another person after having been denied entry by the other person commits criminal trespass. . . . .
Lastly, we consider the extent of law enforcement needs. To be sure, Douthitt’s boss had told them that Douthitt had indicated that he planned to move to Florida quickly and would not be returning to work. But as noted by the Defendants, the police were simply looking to talk to an individual who they thought might have been involved with the theft of a handgun and who might be at that address. Although the detectives were undoubtedly investigating serious crimes, there is no indication that there were any circumstances, such as a hot pursuit, that would justify their intrusion. . . . .
Under the totality of the circumstances presented here, we cannot say that the State met its burden of establishing that the actions of the detectives in this case were reasonable. Accordingly, we hold that the detectives’ conduct violated Article 1, Section 11 of the Indiana Constitution. The subsequent search warrant was based on information known to the detectives only as a result of their violation of Article 1, Section 11.
RILEY, J., and CRONE, J., concur.