Handgun found in coat pocket of a coat removed when defendant stepped out of his car was improperly admitted into evidence because search was not lawful as incident to arrest or as an inventory search.
M. May
Pinner v. State, No. 49A02-1511-CR-2036, __N.E.3d__ (Ind. Ct. App., Aug. 24, 2016).
Mere possession of a firearm, which is legal, cannot produce reasonable suspicion to justify a Terry stop.
Lacy v. State, No. 18A04-1510-CR-1757, __N.E.3d__ (Ind. Ct. App., August 16, 2016).
The “lawful purpose” exception in the identity deception statute at Ind. Code § 35-43-5-3.5 is an affirmative defense and not a material element of the crime.
State v. Smith, No. 45A05-1507-CR-945, ___N.E.3d___ (Ind. Ct. App., Aug. 2, 2016).
Trial court had authority to convert felony conviction to a misdemeanor; the terms of the plea agreement do not preclude the conversion because the parties could not have contemplated a misdemeanor conversion when it was entered.
State v. Cassady, No. 17A03-1512-CR-2090, __N.E.3d__ (Ind. Ct. App., June 30, 2016).
Law enforcement officer’s actions were conducted in a manner that did not prolong the stop beyond the time reasonably required to complete the mission of issuing a ticket, and support the denial of a motion to suppress.