Hathaway v. State

OPINION

BARTEAU, Senior Judge.

Timothy Hathaway ("Hathaway") appeals from his conviction after a bench trial of unlawful possession of a firearm by a serious violent felon, 1 a Class B felony. Hathaway presents the following restated issue for our review: whether the trial court erred by allowing into evidence a firearm recovered during a warrantless search of the car Hathaway was driving when he was arrested for driving while suspended, violating the Fourth Amendment of the United States Constitution and § 11 of the Indiana Constitution. 2

We reverse and remand.

FACTS AND PROCEDURAL HISTORY

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