CAMPOS v. STATE

No. 45S03-0804-CR-199.

885 N.E.2d 590 (2008)

Sergio CAMPOS, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

April 30, 2008.


Attorney(s) appearing for the Case

Kathleen M. Sweeney, Indianapolis, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Ann L. Goodwin, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


BOEHM, Justice.

This case involves a traffic stop resulting in a vehicle search that uncovered cocaine. We hold that there was no probable cause to conduct the search, so consent was required. Because the officer communicated to the occupants of the car that consent to search was "necessary," the ensuing purported consent was invalid. The search therefore violated both the Indiana and Federal Constitutions, and the seized cocaine may not be admitted in evidence.<...

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