Opinion

Hardin v. State

  • 265 Ind. 635
  • 358 N.E.2d 134
  • 1976 Ind. LEXIS 435
Court
Indiana Supreme Court
Filed
Dec 30, 1976
Status
Published
Author
Prentice
On the bench
Hunter, Debruler, Prentice
Cited by
46 cases
Authority
More cited than 4.8%

The opinion

Statement Concurring in Result

Prentice, J.

I concur in the result reached by the majority, because the record reflects that the police did, in fact, *642 have probable cause to set the trap in which the defendants were caught. I do not agree at this time, however, that the requirement of probable cause should be eliminated; and I especially believe that it is unwise to overrule established case law by reaching out for issues not required to be decided in the case at hand. Such unnecessary activism, in my opinion, is subject to criticism as an intrusion upon the legislative prerogative and as destabilizing to our case law.

Note. — Reported at 358 N.E.2d 134 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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