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. ATTORNEYS FOR APPELLANT: STEVE CARTER Attorney General of Indiana CYNTHIA L. PLOUGHE Deputy Attorney General Indianapolis, Indiana

FILED
Dec 30 2008, 9:09 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: JEFFREY G. RAFF Fort Wayne, Indiana

IN THE COURT OF APPEALS OF INDIANA
STATE OF INDIANA, Appellant-Plaintiff, vs. ALBERT P. VILLAREAL, Appellee-Defendant. ) ) ) ) ) ) ) ) )

No. 02A04-0807-CR-447

APPEAL FROM THE ALLEN SUPERIOR COURT The Honorable Marcia L. Linsky, Magistrate Cause No. 02D04-0709-CM-5518

December 30, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge

The State of Indiana appeals the trial courts grant of a motion to suppress filed by Albert P. Villareal. The State raises one issue, which we revise and restate as whether the trial court erred when it granted the motion to suppress. We reverse and remand. The relevant facts follow. On September 4, 2007, Fort Wayne Vice and Narcotics Detective Jeffrey J. Ripley stopped Villareal for speeding. As Detective Ripley

approached Villareals vehicle, he smelled a strong odor of burnt marijuana coming from the passenger compartment. Villareal provided Detective Ripley with his operators license and registration. Detective Ripley asked Villareal whether he had marijuana in the vehicle, and Villareal responded that he did not. Detective Ripley then asked

Villareal when he had last used marijuana, and Villareal responded approximately three months before. Detective Ripley repeated that he could smell marijuana coming from the vehicle, and Villareal admitted that he had a burnt roach in his ashtray and had smoked marijuana that morning. Villareal also admitted that he had a "quarter bag" of marijuana in a duffle bag in the rear seat of the car. Transcript at 9. Detective Ripley looked inside the duffle bag and found the marijuana. The State charged Villareal with possession of marijuana as a class A misdemeanor1 and possession of paraphernalia as a class A misdemeanor.2 On December 11, 2007, Villareal filed a motion to suppress arguing that the search of his vehicle violated his rights secured by the Fourth Amendment to the United States Constitution and Article 1, Section 11 of the Indiana Constitution because Detective Ripley failed to
1

Ind. Code

Download State of Indiana v. Albert P. Villareal.pdf

Indiana Law