State of Indiana v. Michael E. Cunningham

OPINION

BARNES, Judge.

Case Summary

The State appeals the trial court’s granting of Michael Cunningham’s motion to suppress marijuana and a marijuana pipe. We affirm.

Issue

The dispositive issue is whether Cunningham validly consented to a pat-down search that revealed the presence of marijuana on his person and further led to discovery of the pipe in his vehicle.

Facts

In the early morning hours of May 17, 2013, Officer Andrew Hammock of the Huntingburg Police Department pulled over a vehicle driven by Cunningham because one of the two tail lamps of Cunningham’s vehicle was white, not red, because…