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FILED
FOR PUBLICATION
Feb 19 2008, 8:32 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: JEREMY K. NIX Matheny, Michael, Hahn & Denman Huntington, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana

ARTURO RODRIGUEZ II
Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
KAREN RUSH, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 35A02-0709-CR-772

APPEAL FROM THE HUNTINGTON SUPERIOR COURT The Honorable Jeffrey R. Heffelfinger, Judge Cause No. 35D01-0703-CM-217

February 19, 2008 OPINION - FOR PUBLICATION

BAKER, Chief Judge

Appellant-defendant Karen Rush appeals her conviction for Contributing to the Delinquency of a Minor,1 a class A misdemeanor. Specifically, Rush argues that her conviction must be reversed because the police officers' warrantless entry onto her property was unreasonable and no exigent circumstances existed. Rush further claims that the subsequent search of her residence violated her rights under the Fourth Amendment to the United States Constitution and Article I, Section 11 of the Indiana Constitution because she had not consented to the search. As a result, Rush contends that the trial court erred in admitting the evidence that was seized following the police officers' warrantless search of her property. Finally, Rush argues that the evidence was insufficient to support the conviction. Finding no error, we affirm the judgment of the trial court.

FACTS On March 25, 2007, at approximately 12:15 a.m., Huntington County Sheriff's Deputy Chad Hammel and Indiana State Trooper Jamie Hotchkiss received a report of an underage drinking party at Rush's residence. As a result, Trooper Hotchkiss contacted other officers for assistance, requesting that they meet him in the identified neighborhood. When the officers arrived in Rush's subdivision, they parked their police vehicles and began walking toward Rush's house. At some point, the officers noticed a "young male" approach them. Tr. p. 70. However, the individual subsequently turned around and started to run. Deputy Hammel stopped the individual and asked whether "there was an underage drinking party going on [at Rush's house]." Id. at 36, 47. After the suspected juvenile responded
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Ind. Code

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