Dumbsky v. State

SHEPARD, Chief Justice.

This case requires us to decide whether an officer who tries to fit a gas cap on a truck belonging to a defendant whom he is arresting has violated the Fourth Amendment prohibition against unreasonable searches. ~

Appellant John R. Dumbsky was convicted of robbery, a class B felony, Ind.Code § 35-42-5-1 (Burns 1985 Repl.). The trial court sentenced him to twelve years.

Besides his Fourth Amendment claim, Dumbsky raises three other issues on appeal. First, whether the verdict was supported by sufficient evidence. Second, whether the photographic array used to identify him…