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Levenduski v. State

876 N.E.2d 798 (2007)

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Levenduski v. State

Indiana Court of Appeals

876 N.E.2d 798 (2007)

Facts

A deputy sheriff and conservation officer went to Casey Levenduski’s (defendant) house to execute a search warrant, and no one answered the door. Suspecting that Levenduski might be trying to escape, the sheriff and officer moved toward the back of Levenduski’s property, where they found marijuana plants. The deputy secured a search warrant, which had several provisions authorizing police to enter Levenduski’s house to find marijuana, hashish, or any evidence involving the use, manufacture, or production of marijuana. The warrant also had a catch-all exception that allowed police to seize “any other item of contraband which are [sic] evidence of a crime.” When police executed the search warrant, they found Levenduski inside of his home and seized several items related to the production of methamphetamine. The trial record did not specify whether the methamphetamine evidence was in plain view. The trial court denied Levenduski’s motion to suppress evidence from the search, and he was convicted of felonies related to methamphetamine possession and production, but he was found not guilty of marijuana possession. Levenduski appealed.

Rule of Law

Issue

Holding and Reasoning (May, J.)

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