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Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case. ATTORNEY FOR APPELLANT: KAREN CELESTINO-HORSEMAN Indianapolis, Indiana

FILED
Apr 07 2011, 8:35 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana MICHAEL GENE WORDEN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JOSEPH MUNDEN, Appellant/Defendant, vs. STATE OF INDIANA, Appellee/Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A04-1009-CR-534

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Steven R. Eichholtz, Judge The Honorable Michael S. Jensen, Magistrate Cause No. 49G20-0912-FC-97708

April 7, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION

BRADFORD, Judge

Appellant/Defendant Joseph Munden appeals his conviction of Class C felony carrying a handgun without a license.1 Specifically, Munden contends that the trial court abused its discretion in admitting evidence of the gun found during the search of his person because the search was conducted incident to an allegedly unconstitutional arrest. Concluding that the search of Mundens person was conducted incident to a constitutional arrest, we affirm. FACTS AND PROCEDURAL HISTORY Early in the morning on November 27, 2009, Indianapolis Metropolitan Police Officer William Flude responded to a dispatch to 8235 McFarland Road in Indianapolis concerning a suspicious-looking individual sitting on a moped near a townhome. Upon arriving at the scene, Officer Flude approached the individual, who was subsequently identified to be Munden, engaged in a conversation with Munden, and asked him for his identification. Munden cooperated and presented Officer Flude with his Department of Correction ("DOC") identification card. Officer Flude contacted Police Control for a standard license and warrant check, and Police Control responded verbally that there were two outstanding warrants for Mundens arrest. Upon learning of the active warrants for Mundens arrest, Officer Flude placed Munden under arrest. Officer Flude then conducted a search of Mundens person. During the search, Munden told Officer Flude that he had a gun in his pocket. Officer Flude determined that Munden did not have a license for the handgun and had prior felony

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Ind. Code

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