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FOR PUBLICATION

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

ATTORNEY FOR APPELLEE: RYAN W. REDMON Montgomery, Elsner, & Pardieck, LLP Seymour, Indiana

IN THE COURT OF APPEALS OF INDIANA
STATE OF INDIANA, Appellant-Plaintiff, vs. MARK J. MURRAY, Appellee-Defendant. ) ) ) ) ) ) ) ) )

No. 36A05-0505-CR-262

APPEAL FROM THE JACKSON CIRCUIT COURT The Honorable William E. Vance, Judge Cause No. 36C01-0405-FD-172

November 17, 2005 OPINION - FOR PUBLICATION

RILEY, Judge

STATEMENT OF THE CASE Appellant-Plaintiff, the State of Indiana (the State), appeals the trial court's Order granting Appellee-Defendant's, Mark J. Murray (Murray), Motion to Suppress Evidence. We affirm. ISSUE The State raises one issue on appeal, which we restate as: Whether the trial court erred in granting Murray's Motion to Suppress Evidence. FACTS AND PROCEDURAL HISTORY 1 On the evening of May 13, 2004, Officer Gilbert Carpenter (Officer Carpenter) of the Seymour Police Department responded to a dispatch call that an individual was disorderly at the pool hall located at 110 North Chestnut Street, Seymour, Indiana. Upon arrival at the pool hall, Officer Carpenter spoke with William Perdue (Perdue) and David Brooks (Brooks). Perdue and Brooks told Officer Carpenter that Murray had gotten into a fight with Perdue at the "Thirteenth Floor," and then had walked across the street and began to cause a fight at the pool hall. 2 They described Murray as a "heavy set male with reddish brown hair." (Appellant's App. p. 8). Perdue and Brooks told Officer Carpenter that after the fights, Murray drove away in a grey Volkswagen van. After speaking with Perdue and Brooks, Officer Carpenter radioed dispatch with Murray's physical appearance, the type of car he was driving, and information that he had been picking

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Oral arguments were held on October 25, 2005, at Vincennes University. We hereby congratulate and thank counsel for their excellent presentations. We also thank Vincennes University for its hospitality. Although the record does not disclose, the "Thirteenth Floor" appears to be a music accessories store located at 111 North Chestnut Street, Seymour, Indiana.

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fights at the pool hall and at the Thirteenth Floor. In addition, Officer Carpenter radioed Officer Brian Moore (Officer Moore) of the Seymour Police Department, and "gave [him] a description of . . . a light colored Volkswagen Van . . . occupied by a male with reddish-brown hair, heavier set." (Transcript p. 20). Officer Carpenter also told Officer Moore that "he just need[ed] to speak with [Murray]." (Tr. p. 21). Shortly thereafter, Officer Moore observed Murray's vehicle pull into a Wendy's parking lot and enter the drive-through. Officer Moore activated his emergency lights and directed Murray to pull his vehicle over to the curb. While questioning Murray on the driver's side of his vehicle, Officer Moore noticed that Murray's eyes were watery and bloodshot, his speech was slow and slurred, and there was a strong odor of alcohol on his breath. After failing several field sobriety tests, Officer Moore arrested Murray. On May 14, 2004, the State filed an information, charging Murray with operating a vehicle while intoxicated as a Class D felony, Ind. Code

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