J.K. v. State of Indiana - 3/7/14

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Friday  March 7, 2014 
10:20 AM  EST

10:20 a.m. 66A03-1306-JS-220. Walden Inn and Conference Center, DePauw University. J.K was adjudicated delinquent for acts of illegal possession and illegal consumption of an alcoholic beverage and aiding illegal consumption of an alcoholic beverage.  J.K. argues the juvenile court admitted evidence obtained in violation of his rights under the Fourth Amendment to the United States Constitution.  Police received a complaint regarding juveniles making noise in the neighborhood and arrived at J.K.’s residence at approximately 1 a.m.  Two officers went around each side of the residence while a third officer remained at the front, knocking on the door.  Believing that underage drinking was taking place inside, the officers remained at the residence for over an hour until two juveniles, including J.K., eventually opened the front door.  An officer spoke with J.K.’s mother via telephone, and the officers entered the residence without a warrant..  J.K. argues any consent to enter was tainted by an unconstitutionally lengthy “knock-and-talk.”  The State contends exigent circumstances allowed for the warrantless entry, regardless of consent.  
 

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