Legal Opinion
Burkett v. State
Indiana Court of Appeals
Decided March 18, 2003No. 34A02-0209-CR-718PublishedCited by 13 opinions
1Opinion of the Court
OPINION
FRIEDLANDER, Judge.
Matt T. Burkett appeals his conviction for Possession of a Controlled Substance, 1 a class D felony. He presents the following dispositive issue for review: Did the trial court err in denying Burkett's motion to suppress?
We reverse.
The facts most favorable to the conviction reveal that on January 21, 2001, Indiana State Police Trooper Robert Burgess stopped Matt Burkett for driving sixty-seven miles per hour in a fifty-five, miles-per-hour zone. Burkett smelled of alcohol and had red, watery eyes. Trooper Burgess asked Burkett to get out of his car. Trooper Burgess…
2Cases cited4 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Minnesota v. DickersonSupreme Court of the United States · 1993
- Wilson v. StateIndiana Supreme Court · 2001
- Barfield v. StateIndiana Court of Appeals · 2002
3Cited by13 opinions
- Edmond v. StateIndiana Court of Appeals · 2011
- Ratliff v. StateIndiana Supreme Court · 2002
- Malone v. StateIndiana Court of Appeals · 2008
- Payne v. StateIndiana Court of Appeals · 2005
- Washington v. StateIndiana Court of Appeals · 2010
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