Legal Opinion
Osborne v. State
Indiana Court of Appeals
Decided March 25, 2004No. 59A01-0309-CR-331PublishedCited by 14 opinions
1Opinion of the Court
OPINION
BAKER, Judge.
Today we are asked to determine whether a police officer may encourage a person on home detention to speed through an inhabited area while under the influence of alcohol and drugs in order to effectuate a pretextual stop to allow them to detain and search the occupants of the vehicle. We find that they may not.
Appellant-defendant Richard W. Osborne brings this interlocutory appeal challenging the trial court's denial of his motion to suppress evidence. Specifically, he challenges the reasonableness of the stop under the Fourth Amendment of the United States Constitution…
2Cases cited23 opinions
- Whren v. United StatesSupreme Court of the United States · 1996
- Delaware v. ProuseSupreme Court of the United States · 1979
- Lewis v. United StatesSupreme Court of the United States · 1967
- United States v. David Lee GreenCourt of Appeals for the Seventh Circuit · 1997
- Mitchell v. StateIndiana Supreme Court · 2001
18 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Campos v. StateIndiana Supreme Court · 2008
- State v. McCaaIndiana Court of Appeals · 2012
- Smith v. StateIndiana Court of Appeals · 2011
- Beasey v. StateIndiana Court of Appeals · 2005
- Carl L. Dahlin v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2019
9 more not listed; retrieve them via the Exa API.