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Mamon v. State

Court of Appeals of Indiana

April 7, 2014

KEVIN J. MAMON, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

APPEAL FROM THE HANCOCK SUPERIOR COURT. The Honorable Terry K. Snow, Judge. Cause No. 30D01-1204-FD-524.

ATTORNEY FOR APPELLANT: MICHAEL FRISCHKORN, Frischkorn Law LLC, Fortville, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, ANGELA N. SANCHEZ, Deputy Attorney General, Indianapolis, Indiana.

SHEPARD, Senior Judge. RILEY, J., and MAY, J., concur.

OPINION

Page 489

SHEPARD, Senior Judge

A contention that certain evidence admitted at trial was the product of unreasonable search or seizure, the Indiana Supreme Court has explained, does not ipso facto describe an error vitiating the need for a contemporaneous objection.

Appellant Kevin J. Mamon asserts that the state trooper who stopped him for following too closely in a construction zone did not have reasonable suspicion to do so. He thus says the convictions for offenses like criminal recklessness (speeding off, after the stop, at 80 m.p.h.) must be reversed notwithstanding his failure to raise the issue at trial.

FACTS AND PROCEDURAL HISTORY

On April 10, 2012, Indiana State Police Trooper Matthew Wilson was parked on Interstate Highway 70 in Hancock County, watching traffic in a construction zone. He saw a Jeep Cherokee following another vehicle too closely and pulled it over.

Mamon was driving the Jeep. When Wilson asked for a driver's license, Mamon provided an identification card. Mamon showed signs of intoxication, like red, glassy eyes. The Jeep's interior smelled of alcohol.

Trooper Wilson went back to his car to find out whether Mamon's license was suspended and to retrieve his portable Breathalyzer. He confirmed that Mamon's license was suspended, but before he could return to the Jeep, Mamon got out and walked away along the highway.

Wilson activated his car's public address system and ordered Mamon to return to his Jeep. Mamon ignored Wilson three times, so Wilson parked his squad car in front of him and again ...


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