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KENNER v. STATE

No. 49A04-9802-CR-89.

703 N.E.2d 1122 (1999)

Paul KENNER, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

January 6, 1999.

Attorney(s) appearing for the Case

John (Jack) F. Crawford, Crawford & Rader, Indianapolis, for Appellant-Defendant.

Jeffrey A. Modisett, Attorney General, Kimberly MacDonald, Deputy Attorney General, Indianapolis, for Appellee-Plaintiff.

OPINION

RUCKER, Judge.

In this interlocutory appeal Paul Kenner challenges the trial court's denial of his motion to suppress evidence. Kenner phrases the issues as follows: (1) is the "plain smell" test valid under Article One, Section Eleven of the Constitution of Indiana, and (2) did the trial court err in finding that under the totality of the circumstances the detention of Kenner for one hour was reasonable...

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