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Dissenting Opinion
DeBruler, J. I remain convinced that a police officer conducts a search within the meaning of the Fourth Amendment, when after stopping a car at night for a minor traffic offense, he proceeds to examine the entire interior of the car by shining a flashinglight around inside it, in hopes of discovering evidence of unrelated crimes he suspects were committed by its occupants. This is to me nothing more nor less than an exploratory and general search for incriminating evidence prohibited by the Fourth Amendment. I hereby incorporate my dissent in Alcorn v. State (1970), 255 Ind. 491, 265 N. E. 2d 413.
Note. — Reported in 275 N. E. 2d 808.
Document Info
Docket Number: 1270S300
Citation Numbers: 275 N.E.2d 808, 257 Ind. 498
Judges: DeBruler, Givan
Filed Date: 12/7/1971
Precedential Status: Precedential
Modified Date: 8/26/2023