154 Ind. App. 525 - Corrao v. State

How this case has been cited

Cited by 84 later decisions — most recently October 2018 · most notably Ballard v. State (1974), Lampkins v. State (1997)

2 district · 82 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Concurring Opinion

Staton, J.

¶2When the marijuana was offered into evidence, the defendants’ failure to object waived any error on appeal. The pretext offered by Deputy Sheriff Richard Mikel that the defendants’ automobile failed to dim its lights is a sham. It is not probable cause for stopping and searching the trunk of the automobile.1

¶3Note. — Reported at 290 N.E.2d 484.

¶4. The owner of the car objected to the search. The officer testified that this area was known as the “marijuana area” where the plant is growing in abundance. It is not surprising that some odor of the plant was perceptible.