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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: QUINTON L. ELLIS Fort Wayne, Indiana

FILED
Dec 23 2008, 8:48 am
of the supreme court, court of appeals and tax court

CLERK

IN THE COURT OF APPEALS OF INDIANA
STATE OF INDIANA, Appellant-Plaintiff, vs. WILLIAM A. HOLLEY, Appellee-Defendant. ) ) ) ) ) ) ) ) )

No. 02A03-0808-CR-406

APPEAL FROM THE ALLEN SUPERIOR COURT The Honorable Marcia L. Linsky, Magistrate Cause No. 02D04-0802-CM-891

December 23, 2008

OPINION - FOR PUBLICATION

KIRSCH, Judge

William A. Holley was charged with possession of marijuana1 as a Class A misdemeanor. Holley filed a motion to suppress the evidence obtained during a search of his vehicle. The trial court granted the motion, which effectively precluded further prosecution. Pursuant to Indiana Code section 35-38-4-2(5), the State appeals raising the following issue: whether the trial court erred as a matter of law in granting Holleys motion to suppress evidence seized during a warrantless search conducted after the police officer smelled raw marijuana in the vehicle and on Holleys person. We affirm. FACTS AND PROCEDURAL HISTORY The facts most favorable to the judgment are as follows. In the early morning hours of February 15, 2008, Fort Wayne Police Officer David Boles2 observed a 1992 Ford Explorer traveling nine miles per hour over the posted speed limit and activated his lights in order to initiate a traffic stop. The vehicle slowed down and continued southbound on the crowded two-lane road. Tr. at 25. Officer Boles followed the Explorer for a short distance and then activated his emergency siren. When the driver, later identified as Holley, did not

immediately stop, Officer Boles radioed for assistance. As soon as Holley stopped, Officer Boles parked his marked squad car approximately ten feet behind the Explorer. On the alert because Holley had not pulled over when first instructed to do so, Officer Boles waited for other officers to appear at the scene. Id. at 7.

1

See Ind. Code

Download State of Indiana v. William A. Holley.pdf

Indiana Law