Harless v. State
Indiana Court of Appeals
1Opinion of the Court
RATLIFF, Chief Judge.
STATEMENT OF THE CASE
Anthony Ray Harless (Ray) appeals from his conviction of Possession of Cocaine, 1 a Class D felony. We reverse and remand for a new trial.
ISSUE
Are a warrantless intrusion and search of a home improper, where the State's alleged exigent circumstances justifying the search fail to meet the standards mandated by the Fourth Amendment? 2
FACTS
On March 1, 1990, Gary Harless, Ray's brother, purchased cocaine for an undercover police officer from Ray at the home of Ray's girlfriend, Tammy Sebastian (Sebastian's home). With money provided by the police, Gary…
2Cases cited13 opinions
- Wong Sun v. United StatesSupreme Court of the United States · 1963
- Maryland v. BuieSupreme Court of the United States · 1990
- Minnesota v. OlsonSupreme Court of the United States · 1990
- United States v. Paul Gary Rubin United States of America v. Louis Martin Agnes A/K/A Louis MartinCourt of Appeals for the Third Circuit · 1973
- United States v. Irving L. NapueCourt of Appeals for the Seventh Circuit · 1988
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3Cited by35 opinions
- Holder v. StateIndiana Supreme Court · 2006
- Esquerdo v. StateIndiana Supreme Court · 1994
- State v. StraubIndiana Court of Appeals · 2001
- Rush v. StateIndiana Court of Appeals · 2008
- VanWinkle v. StateIndiana Court of Appeals · 2002
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