Legal Opinion
Malone v. State
Indiana Court of Appeals
Decided March 20, 2008No. 49A02-0701-CR-18PublishedCited by 19 opinions
1Opinion of the Court
OPINION
KIRSCH, Judge.
May police officers seize a handgun from an individual standing on the front porch of his home without a search warrant and in the absence of an articulable basis for concerns of officer safety or a reasonable belief that a crime was afoot? We hold that they may not, and we reverse the trial court’s denial of the motion to suppress filed by James Malone. 1
We reverse.
FACTS AND PROCEDURAL HISTORY
Indianapolis Police Officers Mark Rand, Thomas Figura, and Joseph Kraeszig responded to a report that a man was standing on the front porch of a house, located at 818 N. Tuxedo…
2Cases cited9 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Illinois v. WardlowSupreme Court of the United States · 2000
- Halsema v. StateIndiana Supreme Court · 2005
- State v. StraubIndiana Court of Appeals · 2001
- Moultry v. StateIndiana Court of Appeals · 2004
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Patterson v. StateIndiana Court of Appeals · 2011
- Cynthia Sugg v. State of IndianaIndiana Court of Appeals · 2013
- Washington v. StateIndiana Court of Appeals · 2010
- Kelly C. Mullen v. State of IndianaIndiana Court of Appeals · 2016
- J.D. v. StateIndiana Court of Appeals · 2009
14 more not listed; retrieve them via the Exa API.