WENDT v. STATE

No. 53A04-0612-CR-684.

876 N.E.2d 788 (2007)

Norman and Eileen WENDT, Appellants-Defendants, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

November 21, 2007.


Attorney(s) appearing for the Case

Katharine C. Liell, Liell & McNeil Attorneys PC, Bloomington, IN, Attorney for Appellants.

Steve Carter, Attorney General of Indiana, Justin F. Roebel, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


OPINION

MAY, Judge.

In this consolidated appeal, Norman and Eileen Wendt challenge the admission of evidence seized at their home pursuant to a search warrant. The Wendts first assert there is no good faith exception to the exclusionary rule under the Indiana Constitution. They also argue the good faith exception is unavailable because the officer who sought the warrant acted in reckless disregard of the truth and misled the issuing magistrate regarding...

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