The Indiana Court of Appeals has overturned an Elkhart man’s weapons conviction because his Fourth Amendment rights were violated.
That’s because the appeals court ruled that, on Aug. 21, 2015, Melvin Levy’s vehicle was improperly impounded after police found a revolver and marijuana in it.
ABC 57 reports the appeals court ruled that the Elkhart Police Department didn’t prove that Levy’s vehicle was a threat to the community, nor did it prove that impounding the vehicle was based on departmental routine or regulation.
Levy was sentenced 10 years in prison, with four years suspended. His case is now back in trial court, but the appeals court stated it presumes charge against Levy will be dropped.
