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Veerkamp v. State

Court of Appeals of Indiana

April 29, 2014

TYLER J. VEERKAMP, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

Page 391

APPEAL FROM THE DECATUR SUPERIOR COURT. The Honorable Matthew D. Bailey, Judge. Cause No. 16D01-1303-FD-151.

ATTORNEY FOR APPELLANT: ROBERT D. WICKENS, Greensburg, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; MONIKA PREKOPA TALBOT, Deputy Attorney General, Indianapolis, Indiana.

PYLE, Judge. FRIEDLANDER, J., and MATHIAS, J., concur.

Page 392

OPINION

PYLE, Judge

STATEMENT OF THE CASE

Tyler J. Veerkamp (" Veerkamp" ) files an interlocutory appeal of the trial

Page 393

court's denial of his motion to suppress evidence. We hold that a law enforcement officer has probable cause that Indiana Code § 9-19-8-5 has been violated when fumes or smoke emanating from the engine or power mechanism of a motor vehicle completely obscure a motorist's view of a portion of the vehicle being followed.

We affirm.

ISSUE

Whether the trial court abused its discretion when it denied Veerkamp's motion ...

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