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WALLS v. STATE

No. 02A04-9810-CR-520.

714 N.E.2d 1266 (1999)

Richard D. WALLS, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

Rehearing Denied October 25, 1999.

Attorney(s) appearing for the Case

Michelle F. Kraus, Deputy Public Defender, Fort Wayne, Indiana, Attorney for Appellant.

Jeffrey A. Modisett, Attorney General of Indiana, J.T. Whitehead, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellee.

OPINION

RUCKER, Judge

When the passenger of a car that has been stopped by a police officer exits the car and begins to walk away, may the officer as a matter of course order the passenger to return to the vehicle? We hold that he may not.

The essential facts are these. Shortly after midnight on December 25, 1997, Appellant-Defendant Richard D. Walls was a passenger in a car driven by another person. When the driver made a left-hand turn without...

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