Ind. Code » Title 35
Indiana Code

Ind. Code § 35-48-4-13 (2026)

Repealed

✓ current as of May 2026
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As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.108; P.L.210-1986, SEC.4; P.L.165-1990, SEC.13; P.L.1-1991, SEC.207; P.L.31-1998, SEC.11; P.L.17-2001, SEC.27; P.L.158-2013, SEC.640. Repealed by P.L.59-2016, SEC.8.

 

Notes of Decisions
Cited in 157 cases (1 in the last 5 years), 1988–2024 · leading case: Wheeler v. Lawson, 539 F.3d 629 (7th Cir. 2008).
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Wheeler v. Lawson, 539 F.3d 629 (7th Cir. 2008). · cites it 5× “Wheeler with maintaining a common nuisance, which is prohibited by Indiana Code § 35-48-4-13. About two weeks later, on June 22, Detective Lawson arrested her on the charge of maintaining a common nuisance.”
Bryant v. State, 660 N.E.2d 290 (Ind. 1996). · cites it 8× “) [6] Ind.Code Ann. § 35-48-4-11(2) (West 1986).”
Devon L. Hunter v. State of Indiana (mem. dec.), 72 N.E.3d 928 (Ind. Ct. App. 2017). · cites it 4× “16; see Ind. Code § 35-48-4-13 . The evidence presented at trial showed that on November 20, 21, and 25, 2013, Hunter drove his car to the Cl’s house, which was within 1,000 feet of an elementary school, and sold crack cocaine to the Cl.”
United States v. Bullock, 632 F.3d 1004 (7th Cir. 2011). · cites it 4× “Upon finding marijuana in plain view on the dining room table in the residence, along with sandwich baggies containing a small amount of crack and a scale in another part of the residence, officers arrested Bullock for visiting a common nuisance under Indiana Code §…”
Hale v. State, 785 N.E.2d 641 (Ind. Ct. App. 2003). · cites it 14× “Hale's reliance upon Bass for the proposition that the State failed to establish the knowing or intentional requirement of Ind. Code § 35-48-4-13 (a) is misplaced. Specifically, in Bass, we held that while the existence of paraphernalia associated solely with the use of…”
Divello v. State, 782 N.E.2d 433 (Ind. Ct. App. 2003). · cites it 4× “[3] Ind.Code § 35-48-4-13(b)(2) (1998 & Supp.”
Halferty v. State, 930 N.E.2d 1149 (Ind. Ct. App. 2010). · cites it 6× “See Ind.Code § 35-48-4-13. 3 . We raise this issue sua sponte based on this court's reasoning in Miller v.”
Lineberry v. State, 747 N.E.2d 1151 (Ind. Ct. App. 2001). · cites it 4× “[2] Ind.Code § 35-48-4-13(b)(1). [3] Ind.Code § 35-46-1-8.”
Richardson v. State, 848 N.E.2d 1097 (Ind. Ct. App. 2006). · cites it 4× “[8] Ind.Code § 35-48-4-13(b)(2)(D). [9] Ind.Code § 22-11-20-6(b)(1).”
Buckley v. State, 797 N.E.2d 845 (Ind. Ct. App. 2003). · cites it 4× “[2] Ind.Code § 35-48-4-13 (Supp.2002). [3] Buckley also argues that the trial court erred by giving the State's instruction on aiding and abetting.”
Frye v. State, 757 N.E.2d 684 (Ind. Ct. App. 2001). · cites it 6× “[3] IC § 35-48-4-13 (West Supp.2000). [4] We stress here that these and similar rulings do not give police unfettered power to make arbitrary or capricious stops and they do not alter what constitutes probable cause.”
Harper v. State, 922 N.E.2d 75 (Ind. Ct. App. 2010). · cites it 3× “§ 35-48-4-6; Count III, visiting a common nuisance, a Class B misdemeanor, I.C. § 35-48-4-13; and Count IV, possession of paraphernalia, a Class A misdemeanor, 1.”
Show all 157 citing cases →
Ind. Code § 35-48-4-13(2): 1 case
Hale v. State, 785 N.E.2d 641 (Ind. Ct. App. 2003). “Hale's reliance upon Bass for the proposition that the State failed to establish the knowing or intentional requirement of Ind. Code § 35-48-4-13 (a) is misplaced. Specifically, in Bass, we held that while the existence of paraphernalia associated solely with the use of…”
Ind. Code § 35-48-4-13(a): 7 cases
United States v. Bullock, 632 F.3d 1004 (7th Cir. 2011). “Upon finding marijuana in plain view on the dining room table in the residence, along with sandwich baggies containing a small amount of crack and a scale in another part of the residence, officers arrested Bullock for visiting a common nuisance under Indiana Code §…”
Traylor v. State, 817 N.E.2d 611 (Ind. Ct. App. 2004).
Willis v. State, 780 N.E.2d 423 (Ind. Ct. App. 2002).
Frye v. State, 757 N.E.2d 684 (Ind. Ct. App. 2001). “[3] IC § 35-48-4-13 (West Supp.2000). [4] We stress here that these and similar rulings do not give police unfettered power to make arbitrary or capricious stops and they do not alter what constitutes probable cause.”
Hale v. State, 785 N.E.2d 641 (Ind. Ct. App. 2003). “Hale's reliance upon Bass for the proposition that the State failed to establish the knowing or intentional requirement of Ind. Code § 35-48-4-13 (a) is misplaced. Specifically, in Bass, we held that while the existence of paraphernalia associated solely with the use of…”
Ind. Code § 35-48-4-13(b): 26 cases
Wheeler v. Lawson, 539 F.3d 629 (7th Cir. 2008). “Wheeler with maintaining a common nuisance, which is prohibited by Indiana Code § 35-48-4-13. About two weeks later, on June 22, Detective Lawson arrested her on the charge of maintaining a common nuisance.”
Jerold W. Leatherman v. State of Indiana, 101 N.E.3d 879 (Ind. Ct. App. 2018).
Jones v. State, 807 N.E.2d 58 (Ind. Ct. App. 2004).
Antonio L. Vaughn v. State of Indiana, 13 N.E.3d 873 (Ind. Ct. App. 2014).
Lovitt v. State, 915 N.E.2d 1040 (Ind. Ct. App. 2009).
Ind. Code § 35-48-4-13(b)(1): 13 cases
Lineberry v. State, 747 N.E.2d 1151 (Ind. Ct. App. 2001). “[2] Ind.Code § 35-48-4-13(b)(1). [3] Ind.Code § 35-46-1-8.”
Thomas Mack v. State of Indiana, 23 N.E.3d 742 (Ind. Ct. App. 2014).
Mast v. State, 809 N.E.2d 415 (Ind. Ct. App. 2004).
Jack Hiatt v. State of Indiana (mem. dec.), No. 27A04-1603-CR-477 (Ind. Ct. App. Oct. 19, 2016).
Kenneth M. Jordan v. State of Indiana (mem. dec.), No. 44A03-1603-CR-503 (Ind. Ct. App. Feb. 14, 2017).
Ind. Code § 35-48-4-13(b)(2): 20 cases
Divello v. State, 782 N.E.2d 433 (Ind. Ct. App. 2003). “[3] Ind.Code § 35-48-4-13(b)(2) (1998 & Supp.”
Gary Elvers v. State of Indiana, 22 N.E.3d 824 (Ind. Ct. App. 2014).
Bryant v. State, 660 N.E.2d 290 (Ind. 1996). “) [6] Ind.Code Ann. § 35-48-4-11(2) (West 1986).”
$100 & a Black Cadillac v. State, 822 N.E.2d 1001 (Ind. Ct. App. 2005).
Jeffrey Embrey v. State of Indiana, 989 N.E.2d 1260 (Ind. Ct. App. 2013).
Ind. Code § 35-48-4-13(b)(2)(A): 2 cases
Halferty v. State, 930 N.E.2d 1149 (Ind. Ct. App. 2010). “See Ind.Code § 35-48-4-13. 3 . We raise this issue sua sponte based on this court's reasoning in Miller v.”
Gerald Lynn West v. State of Indiana (mem. dec.), No. 84A04-1611-CR-2535 (Ind. Ct. App. Apr. 12, 2017).
Ind. Code § 35-48-4-13(b)(2)(B): 5 cases
Pamela J. Hensley v. State of Indiana, 962 N.E.2d 1284 (Ind. Ct. App. 2012).
State v. Felker, 819 N.E.2d 870 (Ind. Ct. App. 2004).
Marcus T. Conner v. State of Indiana (mem. dec.), No. 20A03-1509-CR-1426 (Ind. Ct. App. July 13, 2016).
Rotz v. State, 894 N.E.2d 989 (Ind. Ct. App. 2008).
Noah Shane Warren v. State of Indiana, No. 63A01-1204-CR-165 (Ind. Ct. App. Jan. 30, 2013).
Ind. Code § 35-48-4-13(b)(2)(D): 1 case
Richardson v. State, 848 N.E.2d 1097 (Ind. Ct. App. 2006). “[8] Ind.Code § 35-48-4-13(b)(2)(D). [9] Ind.Code § 22-11-20-6(b)(1).”
Ind. Code § 35-48-4-13(b)(l): 3 cases
Hook v. State, 775 N.E.2d 1125 (Ind. Ct. App. 2002).
Rook v. State, 679 N.E.2d 997 (Ind. Ct. App. 1997).
Glenn Sciaraffa v. State of Indiana, 28 N.E.3d 351 (Ind. Ct. App. 2015).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.