State v. Souder

ROBERTSON, Presiding Judge.

The State of Indiana appeals an order from the Rush County Court requiring the return of items confiscated at the time of Maurice Souder’s (Souder) arrest. Souder was charged and convicted of violating Ind. Code 14-2-4-3, Count I, Hunting from a Roadway and Count II, Use of Artificial Light from a vehicle while in possession of a firearm.

We affirm.

The facts show that Souder was arrested on October 4,1980, by an Indiana Conservation Officer. When arrested, the officer confiscated the following articles of personal property:(1) Ruger Security 6 .357 caliber 6 shot…