State v. Alter

OPINION

BROWN, Judge.

The State of Indiana appeals the trial court’s grant of a motion to suppress filed by Stephen Alter. The State raises one issue, which we revise and restate as whether the trial court erred in granting the motion to suppress. We affirm.

The relevant facts follow. On May 22, 2010, Indiana Department of Natural Resources Conservation Officer John Near-gardner and Conservation Officer Levi Clark were “on boat patrol” on the Missis-sinewa River in Wabash County, Indiana. Transcript at 6. Officer Neargardner was in uniform and his sidearm was visible.1 The officers were…