Nick McIlquham v. State of Indiana - 4/10/14

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Thursday  April 10, 2014 
10:30 AM  EST

10:30 a.m.  49S05-1401-CR-28. The Marion Superior Court denied McIlquham’s motion to suppress evidence obtained during a warrantless entry into an apartment, and following a bench trial, convicted him of unlawful possession of a firearm by a serious violent felon and other offenses.  Applying a “community caretaking exception,” the Court of Appeals determined no Fourth Amendment violation had occurred, and affirmed.  McIlquham v. State, 992 N.E.2d 904 (Ind. Ct. App. 2013), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.

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