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STATE v. SMITH

No. 73A01-9006-CR-244.

562 N.E.2d 428 (1990)

STATE of Indiana, Appellant (Plaintiff below), v. Carl Hunter SMITH, Evelyn Arlene Smith, Sueanne Renee Baxter, Appellees (Defendants below).

Court of Appeals of Indiana, First District.

Rehearing Denied January 3, 1991.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Gary Damon Secrest, Deputy Atty. Gen., Indianapolis, for appellant.

Byron C. Wells, Shelbyville, for appellees.

RATLIFF, Chief Judge.

STATEMENT OF THE CASE

The State appeals from the trial court's grant of the motion to suppress drug evidence obtained during the execution of a search warrant, which motion was made by Carl Hunter Smith, Evelyn Arlene Smith, and Sueanne Renee Baxter (Defendants). We reverse and remand.

FACTS

At the conclusion of a probable cause hearing held on December 22, 1989, the trial court ordered a search warrant to be issued...

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