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MALONE v. STATE

No. 49A02-0701-CR-18.

882 N.E.2d 784 (2008)

James MALONE, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

March 20, 2008.

Attorney(s) appearing for the Case

Bryan Lee Ciyou, Ciyou & Dixon, Indianapolis, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Zachary J. Stock, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

KIRSCH, Judge.

May police officers seize a handgun from an individual standing on the front porch of his home without a search warrant and in the absence of an articulable basis for concerns of officer safety or a reasonable belief that a crime was afoot? We hold that they may not, and we reverse the trial court's denial of the motion to suppress filed by James Malone.1

We reverse.

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