Fyock v. State

I dissent. The majority acknowledges that under New York v. Belton (1981),-U.S. -, 101 S.Ct. 2860, 69 L.Ed.2d 768 the search in the present case was permissible. It also acknowledges that the decision can be applied retroactively without impinging upon the prohibition against ex post facto laws.

I do not dispute the holding in State ex rel. Lawrence v. Morgan Cir. Ct. (1967), 249 Ind. 115, 234 N.E.2d 498 and similar cases which I read to declare an unwillingness to invalidate a prior court proceeding upon the basis of a newly announced constitutional interpretation. Under those circumstances…