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STATE v. SCHEIBELHUT

No. 34A02-9604-CR-244.

673 N.E.2d 821 (1996)

STATE of Indiana, Appellant-Plaintiff, v. William E. SCHEIBELHUT, Appellee-Defendant.

Court of Appeals of Indiana.

December 9, 1996.

Attorney(s) appearing for the Case

Pamela Carter, Attorney General, Jodi Kathryn Rowe, Deputy Attorney General, Indianapolis, for Appellant.

OPINION

FRIEDLANDER, Judge.

The State appeals an order of the Howard Superior Court granting a motion to suppress filed by William E. Scheibelhut in a criminal action pending against Scheibelhut. Upon appeal, the State presents the following restated issue for review:

Is a consent to search involuntary and thus invalid on the sole basis that a person was not informed of his right to refuse consent?

We reverse and remand with instructions...

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