Jonathan Kent Roy v. State of Indiana

Statement of the Case

Jonathan Kent Roy appeals the trial court’s denial of his Petition for Return of Property, in which he asked the court to order the State to return a handgun to his mother. We reverse and remand.

Issue

Roy raises one issue, which we restate as: whether the trial court erred in denying Roy’s petition.

Facts and Procedural History

On June 4, 2016, police officers were dispatched to investigate a reported break-in at a commercial building. One of the officers looked in a window and saw Roy sitting on an air mattress, tending to a cut on his leg. As the officer watched, Roy…