FLAHERTY v. STATE

No. 4-182A12.

443 N.E.2d 340 (1982)

Kevin P. FLAHERTY, et al., Appellants (Defendants below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied February 10, 1983.


Attorney(s) appearing for the Case

J. Frank Hanley, II, Indianapolis, for appellants.

Linley E. Pearson, Atty. Gen., Carmen L. Quintana, Deputy Atty. Gen., Indianapolis, for appellee.


MILLER, Judge.

Drugs seized during a search of the apartment of defendants-appellants Kevin P. and Kathy A. Flaherty (husband and wife) served as the basis for their convictions for violations of the Indiana Controlled Substances Act, Ind. Code 35-48-4-7 (possession of LSD) and Ind. Code 35-48-4-11 (possession of marijuana). They claim on appeal, and correctly so, that the information in the search warrant (revealing a "controlled buy" situation) did not establish...

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