DUMBSKY v. STATE

No. 1185S466.

508 N.E.2d 1274 (1987)

John R. DUMBSKY, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

June 18, 1987.


Attorney(s) appearing for the Case

Walter J. Alvarez, Walter J. Alvarez, P.C., Merrillville, for appellant.

Linley E. Pearson, Atty. Gen., Richard Albert Alford, Deputy Atty. Gen., Indianapolis, for appellee.


SHEPARD, Chief Justice.

This case requires us to decide whether an officer who tries to fit a gas cap on a truck belonging to a defendant whom he is arresting has violated the Fourth Amendment prohibition against unreasonable searches.

Appellant John R. Dumbsky was convicted of robbery, a class B felony, Ind. Code § 35-42-5-1 (Burns 1985 Repl.). The trial court sentenced him to twelve years.

Besides his Fourth Amendment claim, Dumbsky raises three...

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