Preview:

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: STEVEN P. TEVERBAUGH Greensburg, Indiana

FILED
Dec 28 2010, 10:15 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana JODI KATHRYN STEIN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
NATASHA R. LAFAVE, Appellant- Defendant, vs. STATE OF INDIANA, Appellee- Plaintiff, ) ) ) ) ) ) ) ) )

No. 16A01-1006-CR-271

APPEAL FROM THE DECATUR SUPERIOR COURT The Honorable Matthew D. Bailey, Judge Cause No. 16D01-1001-CM-015

December 28, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION

ROBB, Judge

Case Summary Natasha Lafave ("Lafave") challenges her conviction for Illegal Possession of Alcoholic Beverages (Consuming), as a Class C Misdemeanor.1 We reverse and remand for further proceedings. Issue Lafave presents two issues for our review, which we consolidate and restate as whether the trial court abused its discretion when it admitted evidence obtained from a warrantless entry into a home in which Lafave was a guest because: A. She had a legitimate expectation of privacy as an overnight guest in the home; and B. The circumstances failed to meet any of the exceptions to the warrant requirement for entry into a residence? Facts and Procedural History2 Shortly before midnight on January 8, 2010, Greensburg Police Officers Michael Hancock ("Officer Hancock") and Justin Wells ("Officer Wells") responded to a call regarding loud music from a residence rented by Michelle Lee ("Lee") and Shea Whitaker ("Whitaker"). Officer Wellss presence was specifically requested by the caller because Officer Wells owns the residence and rented it to Lee and Whitaker. Because of

1

Ind. Code

Download Natasha R. LaFave v. State of Indiana.pdf

Indiana Law