State v. Barker

OPINION ON REHEARING

MATTINGLY, Judge

The State petitions for rehearing of our opinion in State v. Barker, , 734 N.E.2d 671 (Ind.Ct.App.2000), challenging our characterization of Daniel v. State, 582 N.E.2d 364, 369 (Ind.1991) as “recognizing] that an officer’s advisement a search warrant would be obtained renders choice illusory and vitiates subsequent consent to search.” We grant the State’s petition for rehearing to clarify our statement.

Police officers, acting on an anonymous tip that sixty-one-year-old Janice Barker was growing marijuana, went to Barker’s home and asked if they could enter…