CARTER v. STATE

No. 49A05-9707-CR-305.

692 N.E.2d 464 (1997)

Ronald CARTER, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

Publication Ordered February 9, 1998.


Attorney(s) appearing for the Case

Robert W. Hammerle, Hammerle Foster Allen & Long-Sharp, Indianapolis, Timothy J. Burns, Indianapolis, for Appellant-Defendant.

Jeffrey A. Modisett, Attorney General, Christopher L. Lafuse, Deputy Attorney General, Indianapolis, for Appellee-Plaintiff.


SHARPNACK, Chief Judge.

This case comes to us on interlocutory appeal. Ronald Carter appeals the trial court's denial of his motion to suppress evidence. Carter raises one issue for our review which we restate as whether the trial court erred in denying his motion to suppress the handgun obtained through a warrantless search of his person. We reverse.

The facts most favorable to the ruling follow. On April 5, 1995, Officer Gary Morrolf entered an Arby's restaurant...

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