COA: Motion to suppress should be granted because officers lacked probable cause
Indiana Court of Appeals Finds Officers Lacked Probable Cause to Search & Reverses Trial Court’s Denial on his Motion to Suppress
The Marion Superior Court denied Tigner’s subsequent motion to suppress, but he successfully moved to certify for interlocutory appeal in Andrece Tigner v. State of Indiana, 19A-CR-1478.
Tigner, who was present during a home detention check that resulted in the discovery of illegal drugs and ended with him in handcuffs secured a reversal from the Indiana Court of Appeals. The court found officers lacked probable cause to search the man and reversed his denied motion to suppress.
In considering whether the search which led the Tigner’s arrest was supported by probable cause as required by the Fourth Amendment, the Indiana Court of Appeals reversed in Tigner’s favor, finding the search to be unconstitutional because the officers lacked probable cause to arrest him.
Read the full Indiana Lawyer article.
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