STATE v. CUNNINGHAM

No. 19A05-1310-CR-489.

4 N.E.3d 800 (2014)

STATE of Indiana, Appellant-Plaintiff, v. Michael E. CUNNINGHAM, Appellee-Defendant.

Court of Appeals of Indiana.

February 27, 2014.


Attorney(s) appearing for the Case

Gregory F. Zoeller , Attorney General of Indiana, Jodi Kathryn Stein , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellant.

Steven E. Ripstra , Ripstra Law Office, Jasper, IN, Attorney for Appellee.


OPINION

BARNES, Judge.

Case Summary

The State appeals the trial court's granting of Michael Cunningham's motion to suppress marijuana and a marijuana pipe. We affirm.

Issue

The dispositive issue is whether Cunningham validly consented to a pat-down search that revealed the presence of marijuana on his person and further led to discovery of the pipe in his vehicle.

Facts

In the early morning hours of May 17, 2013...

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