COVERT v. STATE

No. 14A05-9204-CR-108.

612 N.E.2d 592 (1993)

Merle D. COVERT, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana, Fifth District.

April 26, 1993.


Attorney(s) appearing for the Case

C. Michael Steiner, Hayes, Dant and Steiner, Washington, for appellant-defendant.

Linley E. Pearson, Atty. Gen., Preston W. Black, Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, for appellee-plaintiff.


RUCKER, Judge.

Defendant-appellant Merle D. Covert was convicted of Operating a Vehicle With .10% or More Alcohol in Blood, a Class C misdemeanor. On appeal we address the issue of whether the trial court erred in refusing to suppress the alcohol evidence which was obtained as the result of a roadblock.

We reverse.

On June 25, 1991, Indiana State Troopers Jackie Taylor and Gary Wier, in accordance with instructions from their squad sergeant, established...

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