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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.

FILED
Dec 22 2009, 10:20 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: HILARY BOWE RICKS Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana KELLY A. MIKLOS Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
TIMOTHY JACKSON, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A02-0902-CR-175

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Jose Salinas, Judge Cause No. 49G14-0807-FD-175567

December 22, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION FRIEDLANDER, Judge

Timothy P. Jackson appeals his conviction for Possession of Paraphernalia,1 a class D felony. Jackson presents the following restated issue for review: Did the trial court err in admitting evidence discovered during a stop of Jackson`s vehicle? We affirm. The facts favorable to the conviction are that on July 24, 2008, Indianapolis Metropolitan Police Department Officer Michael Leepper was on patrol in his squad car near the intersection of Hamilton Avenue and New York Street in Indianapolis, Indiana. Officer Leepper was stopped when he observed Jackson`s vehicle driving toward and eventually past him in the opposite direction on the same street. The officer noted that Jackson and his passenger were acting strangely. Accustomed to people staring at him as a police officer, Officer Leepper nonetheless noted that Jackson`s vehicle came to almost a dead stop in the middle of the road. Transcript at 88. He described their behavior specifically as follows: They were

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Indiana Law