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HANNOY v. STATE

No. 49A05-0206-CR-282.

793 N.E.2d 1109 (2003)

Eli S. HANNOY, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

August 20, 2003.

Attorney(s) appearing for the Case

J.J. Paul, III, Voyles Zahn Paul Hogan & Merriman, Indianapolis, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Ellen H. Meilaender, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION ON REHEARING

BARNES, Judge.

In Hannoy v. State, 789 N.E.2d 977 (Ind.Ct.App.2003), we held (1) police violated Hannoy's Fourth Amendment rights when it drew his blood without complying with the implied consent statute, without seeking his actual consent, and without having probable cause that he was intoxicated; and (2) police did not violate his Fourth Amendment rights when they obtained the results of a...

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