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MEMBRES III v. STATE

No. 49A02-0511-CR-1065.

851 N.E.2d 990 (2006)

George MEMBRES III, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

July 31, 2006.

Attorney(s) appearing for the Case

Robert W. Hammerle, Steven D. Allen, Joseph M. Cleary, Hammerle & Allen, Indianapolis, IN, Attorneys for Appellant.

Steve Carter, Attorney General of Indiana, J.T. Whitehead, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

KIRSCH, Chief Judge.

George Membres III appeals the trial court's order, finding that the seizure of his property was done pursuant to a lawful search, and therefore, the property was subject to be turned over to federal authorities. He raises two issues, of which we find one dispositive: whether the police had articulable, individualized suspicion of criminal activity prior to searching Membres' trash.

We reverse and remand.

FACTS...

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