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FOR PUBLICATION

ATTORNEY FOR APPELLANT: HAROLD E. AMSTUTZ Lafayette, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MAUREEN ANN BARTOLO Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
CYNTHIA M. BARRETT, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 79A04-0412-CR-650

APPEAL FROM THE TIPPECANOE SUPERIOR COURT The Honorable Lawrence Cuculic, Judge Pro Tempore Cause No. 79D02-0309-FB-64

November 22, 2005 OPINION - FOR PUBLICATION

CRONE, Judge

Case Summary Cynthia M. Barrett appeals her convictions for conspiracy to commit dealing in methamphetamine as a class B felony and two counts of illegal drug lab as class D felonies. We affirm. Issues Barrett presents three issues for our review, which we restate as follows: I. Whether the trial court abused its discretion by admitting evidence seized during a traffic stop; Whether her consent to search the vehicle was valid; and Whether her convictions violate her protection against double jeopardy under the Fifth Amendment to the U.S. Constitution and Article 1, Section 14 of the Indiana Constitution. Facts and Procedural History On September 19, 2003, Tippecanoe County Sheriff's Department Deputy Robert Hainje responded to a call from a Meijer store loss prevention officer, who reported that two people had purchased several boxes of cold medication, a precursor for methamphetamine. The Meijer employee informed police that the individuals were driving a blue Chevrolet Geo Tracker. Deputy Hainje contacted Sergeant Terry Ruley and asked Ruley to assist him in locating the vehicle. The officers followed the Geo as it left the Meijer parking lot and traveled onto Interstate 65. After following the Geo for nearly four miles, Sergeant Ruley observed that it began to drift toward the shoulder and that its passenger-side tires were on the fog line for thirty to fifty yards. Based upon Sergeant Ruley's training and experience, he determined that the

II. III.

2

driver of the Geo might be impaired and initiated a traffic stop. Deputy Hainje stopped behind Sergeant Ruley and approached the driver, Joseph Kelly, to determine if he was intoxicated. As the officers approached the Geo, they observed three gallons of camp fuel located in the cargo area. Barrett exited the passenger side of the Geo, and Sergeant Ruley questioned her about where she had been, whom she was with, and what items she had purchased. Barrett told Sergeant Ruley that she had been shopping at Meijer with Kelly, her fianc

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