Legal Opinion

Tonya Herron v. State of Indiana

Indiana Court of Appeals

Decided October 14, 2015No. 49A04-1504-CR-149PublishedCited by 2 opinions

1Opinion of the Court

BAKER, Judge.

[1] Tonya Herron appeals the certified interlocutory order of the trial court denying her motion to suppress evidence. She argues that the warrant authorizing a blood draw lacked probable cause where the officer’s probable cause affidavit left several material sections blank. Finding a lack of probable cause to issue the warrant, we reverse.

Facts

[2] On August 16, 2013, Officer Carey stopped Herron’s car to investigate whether she was intoxicated. 1 Officer Carey informed Herron of Indiana’s implied consent law 2 and asked her whether she would submit to a chemical test to…

2Cases cited8 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. United States v. LeonSupreme Court of the United States · 1984
  3. Washington v. StateIndiana Supreme Court · 2004
  4. Kinnaird v. StateIndiana Supreme Court · 1968
  5. Rios v. StateIndiana Court of Appeals · 2002

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

3Cited by2 opinions

  1. Mario Gonzaga v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2017
  2. State of Iowa v. Patrick BracySupreme Court of Iowa · 2022

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API