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MEMBRES v. STATE

No. 49S02-0701-CR-33.

889 N.E.2d 265 (2008)

George MEMBRES III, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

June 27, 2008.

Attorney(s) appearing for the Case

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

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

BOEHM, Justice.

We hold that Litchfield v. State, 824 N.E.2d 356 (Ind.2005), does not apply retroactively because it established a new rule of state criminal procedure that does not affect the reliability of the fact-finding process. We also hold that the warrant in this case was supported by probable cause and was not overbroad.

Facts and Procedural History

In March of 2005, Deputy Scott Wildauer of the...

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