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STATE v. LINCK

No. 34A04-9803-CR-139.

708 N.E.2d 60 (1999)

STATE of Indiana, Appellant-Plaintiff, v. Timothy David LINCK, Appellee-Defendant.

Court of Appeals of Indiana.

Transfer Granted June 8, 1999.

Attorney(s) appearing for the Case

Jeffrey A. Modisett, Attorney General, James A. Garrard, Deputy Attorney General, Indianapolis, for appellant.

Mark A. Ryan, Kokomo, for appellee.

OPINION

SULLIVAN, Judge.

Appellant, the State of Indiana, appeals the trial court's grant of defendant, Timothy David Linck's (Linck) motion to suppress.

On April 30, 1997, Officers Hudson and Foster of the Kokomo Police Department were dispatched to Linck's apartment to investigate a complaint of illegal drug use. As the officers entered Linck's apartment building and ascended the stairs, they smelled what they believed to be marijuana burning....

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