`

Opinions Jan. 6, 2017

January 6, 2017

Indiana Court of Appeals
Mario Deon Watkins v. State of Indiana
82A01-1510-CR-1624
Criminal. Reverses Mario Deon Watkins’ convictions for two counts of possession of a controlled substance as Class A misdemeanors, possession of cocaine as a Level 6 felony, possession of marijuana as a Class B misdemeanor and maintaining a common nuisance as a Level 6 felony. Finds that while there was a considerable degree of suspicion, the extent of law enforcement needs for a military-style assault was low and the degree of intrusion was unreasonably high. Finds the state has not demonstrated that the police conduct was reasonable under the totality of the circumstances. Finally, finds that the search violated Watkins’ rights under Article 1, Section 11 of the Indiana Constitution and that the Vanderburgh Circuit Court erred in admitting the evidence discovered as a result of the search. Judge Melissa May dissents with separate opinion.

ADVERTISEMENT