Preview:

ATTORNEYS FOR APPELLANT Steve Carter Attorney General of Indiana Cynthia L. Ploughe Deputy Attorney General Indianapolis, Indiana ATTORNEY FOR AMICUS CURIAE INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT Lakshmi Hasanadka Indianapolis, Indiana

ATTORNEYS FOR APPELLEE James H. Voyles, Jr. Indianapolis, Indiana Annie Fierek Brownsburg, Indiana

FILED
Jan 09 2008, 12:39 pm
of the supreme court, court of appeals and tax court

CLERK

In the

Indiana Supreme Court
_________________________________
No. 49S00-0710-CR-396 STATE OF INDIANA, Appellant (Plaintiff below), v. CHERYL ODDI-SMITH, Appellee (Defendant below).

_________________________________
Appeal from the Marion County Superior Court, No. 49F18-0701-FD-6788 The Honorable Reuben B. Hill, Judge _________________________________ On Petition to Transfer Pursuant to Indiana Appellate Rule 56(A) _________________________________ January 9, 2008 Shepard, Chief Justice. The trial court suppressed all the evidence from appellee Cheryl Oddi-Smith's drunk driving arrest. It held that the arresting officer had no law enforcement authority because he had not been re-sworn after the consolidation of the Indianapolis Police Department (IPD) and the

Marion County Sheriff's Department (MCSD). We hold that all sworn officers of the IPD or MCSD at the time of consolidation satisfied the oath requirement for officers in the Indianapolis Metropolitan Police Department (IMPD).

Facts and Procedural History

A section of the article on Unigov in Indianapolis, Ind. Code

Download State of Indiana v. Cheryl Oddi-Smith.pdf

Indiana Law