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STATE v. MOONEY

No. 2-375A68.

398 N.E.2d 698 (1979)

STATE of Indiana, Appellant (Plaintiff below), v. William Thomas MOONEY and Roger Wayne Ebel, Appellees (Defendants below).

Court of Appeals of Indiana, Fourth District.

December 27, 1979.

Attorney(s) appearing for the Case

Theo. L. Sendak, Atty. Gen., Robert S. Spear, Deputy Atty. Gen., Indianapolis, for appellant.

MILLER, Presiding Judge.

The State brings this appeal pursuant to Ind. Code 35-1-43-2 on a reserved question of law concerning the granting of defendants' Motion to Suppress Evidence obtained during a warrantless search of their vehicle. The trial court found insufficient evidence to establish probable cause to search the vehicle. The defendants were acquitted.

We find the trial court correctly suppressed the evidence.

On June 28, 1973 the Indiana...

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