CLARK v. STATE

No. 20S05-1301-CR-10.

994 N.E.2d 252 (2013)

Kevin M. CLARK, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

September 17, 2013.


Attorney(s) appearing for the Case

Marielena Duerring , South Bend, IN, Attorney for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Brian Reitz , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


DAVID, Justice.

When two police officers encountered three men in a self-storage facility and ordered them to the ground, the men were protected by the Fourth Amendment to the United States Constitution. When those protections were violated, the evidence obtained as a result was tainted and should have been suppressed at a subsequent trial of one of the men. Because that evidence was instead admitted after the violation of the man's federal constitutional rights,...

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