Opinions Dec. 27, 2019

Indiana Court of Appeals
Shane E. O’Keefe v. State of Indiana

19A-CR-1733
Criminal. Affirms Shane E. O’Keefe’s convictions of Level 4 felony possession of methamphetamine and Class C misdemeanor possession of paraphernalia. Finds the pat-down search of O’Keefe’s person during a valid traffic stop was not a violation of the Fourth Amendment. Also finds the Vanderburgh Circuit Court did not abuse its discretion in admitting evidence obtained as a result of the search.

Eric Butler, $236.00 in U.S. Currency, and One 2004 Pontiac Grand Prix v. State of Indiana, the Consolidated City of Indianapolis/Marion County, and the Indianapolis Metropolitan Law Enforcement Agency
19A-MI-5
Miscellaneous. Affirms the grant of summary judgment to the state of Indiana, the Consolidated City of Indianapolis/Marion County and the Indianapolis Metropolitan Law Enforcement Agency in a civil forfeiture action against Eric Butler, $236 and a 2004 Pontiac Grand Prix, and the Marion Superior Court’s decision not to award attorney fees to the appellants, including Butler, the money and the vehicle. Finds the appellants failed to establish that the trial court erred in concluding that 2018 amendments to Indiana’s civil forfeiture statutes cured the constitutional defects in those statutes. Also finds the appellants waived any claim regarding attorney fees in the trial court. Declines to award appellate attorney fees to the appellants.

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