Legal Opinion · Concurring in part, dissenting in part

Derek Clanton v. State of Indiana

Indiana Court of Appeals

Decided November 15, 2012No. 49A02-1203-CR-198Published

1Concurring in part, dissenting in partBradford, Judge

I agree with the majority that the stop conducted by Officer Smith implicated the constitutional protections provided by the Fourth Amendment and Article I, Section 11. However, I do not believe that either the stop or the subsequent search violated those constitutional protections. As such, I concur in part and respectfully dissent in part.

I. Admission of Evidence

Clanton contends that the trial court abused its discretion in admitting the evidence stemming from the allegedly unconstitutional stop and search of his person.

Our standard of review for rulings on the admissibility of evidence is…

2Cases cited27 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Minnesota v. DickersonSupreme Court of the United States · 1993
  3. Litchfield v. StateIndiana Supreme Court · 2005
  4. Mitchell v. StateIndiana Supreme Court · 2001
  5. Brown v. StateIndiana Supreme Court · 1995

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