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STATE v. HART

No. 82A01-9601-CR-26.

669 N.E.2d 762 (1996)

STATE of Indiana, Appellant-Plaintiff, v. Timothy G. HART, Appellee-Defendant.

Court of Appeals of Indiana.

July 30, 1996.

Attorney(s) appearing for the Case

Pamela Carter, Attorney General, Andrew L. Hedges, Deputy Attorney General, Indianapolis, for appellant-plaintiff.

Mark A. Foster, Evansville, for appellee-defendant.

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

The trial court granted the defendant's motion to suppress, and the State now appeals pursuant to Indiana Code § 35-38-4-2(5). On April 3, 1995, Timothy G. Hart was charged with Operating a Vehicle While Intoxicated ("OWI"), a Class A misdemeanor, after he was arrested by a citizen. Prior to trial, Hart alleged that the citizen's arrest was unlawful, and he moved to suppress the evidence discovered...

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