Legal Opinion

Stalling v. State

Indiana Court of Appeals

Decided July 13, 1999No. 46A04-9901-CR-33PublishedCited by 28 opinions

1Opinion of the Court

OPINION

KIRSCH, Judge

In this interlocutory appeal, Appellant-Defendant, Michael R. Stalling, challenges the trial court’s denial of his motion to suppress evidence of cocaine seized through a warrantless patdown search of his person. Stalling raises two issues for our review; however, because we find it dispositive, we address only one:

Whether the investigatory stop of Stalling by the police was reasonable under the circumstances.

We reverse.

FACTS AND PROCEDURAL HISTORY

On September 8, 1997, Corporal Mark Swistek of the Michigan City Police Department and two other uniformed officers observed a…

2Cases cited10 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Pennsylvania v. MimmsSupreme Court of the United States · 1977
  3. Brown v. TexasSupreme Court of the United States · 1979
  4. Thompson v. LouisianaSupreme Court of the United States · 1985
  5. Fair v. StateIndiana Supreme Court · 1993

5 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Overstreet v. StateIndiana Court of Appeals · 2000
  2. Washington v. StateIndiana Court of Appeals · 2000
  3. State v. StraubIndiana Court of Appeals · 2001
  4. Bovie v. StateIndiana Court of Appeals · 2002
  5. Webb v. StateIndiana Court of Appeals · 1999

23 more not listed; retrieve them via the Exa API.

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