Daquan Ervin v. State of Indiana

── Daquan Ervin v. State of Indiana ── Case No.: 24A-CR-01751 Court: Indiana Court of Appeals Date: March 25, 2025 Author: Judge Peter Foley County of Origin: Marion Category: Criminal Decision: Affirmed, Reversed and Remanded Judge Bailey and Judge Bradford concur On November 5, 2022, Sergeant Nathaniel Raney (“Sgt. Raney”) with the Indiana State Police observed a vehicle with expired plates and initiated a traffic stop in Indianapolis. As he approached the vehicle, he noticed a woman driving the vehicle, and a man, later identified as Ervin, sitting in the front passenger seat. 1 Ind. Code § 35-48-4-1(a)(1), (c)(1). [4] Sgt. Raney “smelled the odor of marijuana” emanating from the vehicle and noticed that Ervin was not wearing a seatbelt. Tr. Vol. II p. 86. Sgt.