Legal Opinion

Brown v. State

Indiana Court of Appeals

Decided September 16, 2002No. 47A05-0110-CR-464PublishedCited by 20 opinions

1Opinion of the Court

OPINION

MATTINGLY-MAY, Judge.

Maria Dawn Brown brings this discretionary interlocutory appeal 1 from the trial court’s denial of her motion to suppress. In an issue of first impression under Indiana’s implied consent law, 2 we address the question of whether the implied consent law precludes the use of a search warrant to obtain a blood sample after a request to submit to a chemical test has been refused. We conclude that it does not.

We affirm.

FACTS AND PROCEDURAL HISTORY

On October 28, 1999, Lawrence County Sheriffs Deputy James Slone observed Brown disregard a stop sign. Deputy Slone initiated…

2Cases cited12 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. State v. AdeeSupreme Court of Kansas · 1987
  3. Hendrix v. StateIndiana Supreme Court · 2001
  4. State v. HitchensSupreme Court of Iowa · 1980
  5. Sue Yee Lee Ex Rel. Kwei Hwang Lee v. Lafayette Home Hospital, Inc.Indiana Court of Appeals · 1980

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3Cited by20 opinions

  1. Abney v. StateIndiana Supreme Court · 2005
  2. State v. CollierSupreme Court of Georgia · 2005
  3. Abney v. StateIndiana Court of Appeals · 2004
  4. Metzner v. StateSupreme Court of Arkansas · 2015
  5. Security Trust Corp. v. Estate of Fisher Ex Rel. RoyIndiana Court of Appeals · 2003

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