Ignacio Perez v. State of Indiana - 10/24/13

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Thursday  October 24, 2013 
9:00 AM  EST

9 a.m. 20A03-1206-CR-247. Police had identified Perez as the owner of a white truck involved in sales of cocaine, and they went to his house to investigate. Perez stepped out onto the porch to speak with the officers. As events unfolded, Perez gave untruthful answers, screamed something in Spanish to his wife who was at the front door, and was nervous, agitated, and belligerent; he “chest bumped” an officer while trying to get back into his house and he resisted attempts to arrest him. Once Perez was arrested and handcuffed, police found cash from a controlled cocaine buy in his pocket. A police dog then conducted a “sniff” of Perez’s front door, and alerted to the presence of illegal drugs. Police obtained a search warrant for the house and discovered more than eighty grams of cocaine. The Elkhart Superior Court denied Perez’s motion to suppress the evidence. The Court of Appeals affirmed in Perez v. State, 981 N.E.2d 1242 (Ind. Ct. App. 2013). Perez has petitioned the Supreme Court to accept jurisdiction over the appeal, arguing that the “dog sniff” was illegal and that officers have no right to encounter and stop a defendant on his own property.

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