State of Indiana v. Michael Cunningham - 9/25/14

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Thursday  September 25, 2014 
9:00 AM  EST

9 a.m. 19A05-1310-CR-489. Cunningham’s vehicle had a broken tail light, and police stopped him.  When he exited the car to examine the taillight himself, police conducted a pat-down search and found marijuana in Cunningham’s pocket, and when asked, Cunningham told them about a pipe in the car.  Facing two Class A misdemeanor charges, Cunningham moved to suppress the evidence.  The Dubois Superior Court granted the motion, and a divided Court of Appeals affirmed in State v. Cunningham, 4 N.E.3d 800 (Ind. Ct. App. 2014), trans. pending.  The State of Indiana has petitioned the Supreme Court to accept jurisdiction over the appeal.
 

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