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Friday, December 16, 2011

Ind. Decisions - Court of Appeals issues 1 today (and 10 NFP)

For publication opinions today (1):

In Justin M. Corwin v. State of Indiana, a 12-page opinion, Judge May writes:

Justin Corwin brings this interlocutory appeal challenging the denial of his motion to suppress evidence. A police officer discovered, during a Terry stop, prescription medication for which Corwin did not have a valid prescription. Corwin raises the following two issues: 1. Whether the Fourth Amendment was violated when the officer continued to search Corwin after discovering Corwin was not the suspect for whom he was looking; and 2. Whether the Fourth Amendment was violated when the officer continued inspecting the pill bottle from Corwin’s pocket when it was apparent that bottle was not a weapon. * * *

When the officer opened Corwin’s pill bottle to determine the contents, he ran afoul of the limits of a Terry stop, and therefore the pills found in the bottle, and all evidence of their discovery, should have been suppressed. Accordingly, we reverse.

NFP civil opinions today (1):

Diana L. Gipson v. Craig G. Gipson (NFP)

NFP criminal opinions today (9):

Will Arline v. State of Indiana (NFP)

Robert Morelock v. State of Indiana (NFP)

Arthur Dedrick Green v. State of Indiana (NFP)

Frederick Allen v. State of Indiana (NFP)

Mark Koers v. State of Indiana (NFP)

Harvey Byrd v. State of Indiana (NFP)

Chris Fields v. State of Indiana (NFP)

Mario J. Gaston v. State of Indiana (NFP)

Jeryl R. Bingham v. State of Indiana (NFP)

Posted by Marcia Oddi on December 16, 2011 01:39 PM
Posted to Ind. App.Ct. Decisions