Fourth Amendment
Police following drug package wire into home unconstitutional, COA rules
March 26, 2013
Dave StaffordPolice violated Fourth Amendment protections against unreasonable search and seizure when they used a parcel wire to track
the opening of a shipment of marijuana in an Indianapolis man’s home, the Indiana Court of Appeals held Tuesday.
MoreJudge supports denying rehearing, but disagrees with colleagues’ rationale
January 9, 2013
Jennifer NelsonThe 7th Circuit Court of Appeals denied a man’s petition for rehearing and for a rehearing en banc after the court originally
upheld the seizure of thousands of dollars following a traffic stop. But one judge did write to explain that she disagreed
with her fellow panel members’ rationale for originally affirming the seizure.
MoreOff-duty police officer’s stop and frisk violated Fourth Amendment
November 15, 2012
Marilyn OdendahlThe stop, search and subsequent discovery of drugs violated the Fourth Amendment’s protection against unreasonable searches
even though the police officer was off duty at the time of the incident, the Indiana Court of Appeals has ruled.
MoreCourt of Appeals rules that blinking turn signal not enough to support drug conviction
October 19, 2012
Marilyn OdendahlFinding that the continuous use of a turn signal without turning does not justify a traffic stop, the Indiana Court of Appeals
threw out a conviction for possession of marijuana.
MoreCourt affirms mobile meth lab conviction, sentence arising from car search
September 25, 2012
Dave StaffordA man’s conviction and 24-year sentence on charges related to a mobile meth lab found in his vehicle was affirmed Tuesday
by the Indiana Court of Appeals.
MoreJudges find evidence properly admitted in drug case
September 19, 2012
Jennifer NelsonNorth Manchester resident Michael Carpenter lost his attempt before the Indiana Court of Appeals to have evidence tossed out
that was collected when police officers arrived at his home attempting to serve an arrest warrant for a different man. Police
believed the man being sought lived at Carpenter’s residence.
MoreImmigration law challenge moves forward in Northern District
August 15, 2012
IL StaffU.S. Magistrate Judge Andrew P. Rodovich in Hammond Tuesday granted the state’s unopposed motion to lift the stay of
a lawsuit in the Northern District challenging portions of Indiana’s immigration law dealing with employment.
MoreAttorney can’t recast untimely 4th Amendment claim against prosecutor
August 8, 2012
Jennifer NelsonThe Muncie attorney who sued former Delaware County Prosecutor Mark McKinney, alleging due process violations following his
arrest and acquittal on conspiracy to commit bribery charges, lost his appeal before the 7th Circuit Court of Appeals. The
judges found the attorney was trying to recast an untimely false arrest claim into a due process claim.
MoreCOA affirms drug dealing, possession convictions
July 27, 2012
Dave StaffordA man convicted of multiple felony drug charges and sentenced to 50 years in prison with 15 years suspended was not deprived
his Fourth Amendment rights, the Court of Appeals ruled Friday.
More7th Circuit tosses IU dorm-search lawsuit
June 29, 2012
Dave StaffordAn Indiana University student’s federal lawsuit seeking a preliminary injunction to prevent his one-year suspension
was dismissed Friday by the 7th Circuit Court of Appeals.
MoreSmoking-ban lawsuits face long odds, legal expert says
May 30, 2012
Scott OlsonTen bar owners who are taking Indianapolis to court over a new citywide smoking ban that takes effect Friday at 6 a.m. stand
little chance of stopping the ordinance, an Indianapolis law professor predicts.
MoreState concedes traffic stop was invalid
May 10, 2012
Jennifer NelsonOn the appeal of a woman’s conviction of possession of marijuana, the state conceded that the traffic stop that led
to the discovery of the drug was invalid. The Indiana Court of Appeals accordingly reversed the conviction.
MoreJudges uphold drug convictions and sentence
May 9, 2012
Jennifer NelsonA defendant’s argument that his Fourth Amendment rights were violated when police searched his vehicle and found pills
failed because the man abandoned his vehicle after the traffic stop. By fleeing, he relinquished any reasonable expectation
of privacy in the car, the Indiana Court of Appeals held.
MoreJudges reverse marijuana conviction
May 3, 2012
Jennifer NelsonThe search of the car driven by a defendant violated the Fourth Amendment, the Indiana Court of Appeals ruled, so the trial
court abused its discretion in admitting evidence obtained through an inventory search of the car.
MoreMan can't prove ineffective assistance from attorney
May 2, 2012
Jennifer NelsonThe Indiana Court of Appeals has affirmed the denial of a man’s petition for post-conviction relief, in which he claimed
his trial counsel was ineffective.
MoreCOA rules police officer's questions not unconstitutional
March 16, 2012
Jenny MontgomeryThe Indiana Court of Appeals has ruled that a man has incorrectly interpreted the Fourth Amendment in his appeal and that
no constitutional violation occurred when he allowed a police officer to search his car.
MoreJudges find search wasn't valid under 4th Amendment
March 8, 2012
Michael HoskinsThe Indiana Court of Appeals has found that a woman’s Fourth Amendment right to be free from unreasonable searches and
seizures was violated and a trial judge erred in not suppressing evidence found during a home search.
MoreOfficer did not violate 4th Amendment in finding gun in man's coat
January 31, 2012
Jenny MontgomeryA police officer who arrested a man and then found a gun in his coat did not violate the man’s rights, the Indiana Court
of Appeals held.
MoreCourt finds police lacked reasonable suspicion for stop and search
January 6, 2012
Michael HoskinsFinding that an Indianapolis police officer didn’t have reasonable suspicion or consent to stop a man acting suspiciously
in a gas station parking lot, the Indiana Court of Appeals has reversed two fraud convictions involving the possession of
movie DVDs that weren’t yet on the market.
MoreAppellate court upholds murder conviction
December 9, 2011
Jenny MontgomeryThe Indiana Court of Appeals found the circumstantial evidence presented at trial was sufficient to establish beyond a reasonable
doubt that a man killed his wife.
MoreCOA affirms denial of motion to suppress
December 6, 2011
Jennifer NelsonThe actions of police officers who showed up on a man’s property to investigate a complaint – which led to the
discovery of marijuana plants – were reasonable, according to the Indiana Court of Appeals.
MoreBarnes panel OKs proposed law changes
November 11, 2011
Michael HoskinsA legislative study committee has approved proposed changes to state law that it hopes the Indiana General Assembly will consider
in response to a state Supreme Court decision earlier this year.
MoreJudges interpret left turn traffic statute
October 24, 2011
Michael HoskinsTurning left from an intersection doesn’t mean you must drive into the lane closest to the center line, the Indiana
Court of Appeals ruled Monday.
MoreSupreme Court upholds Barnes ruling
September 20, 2011
Michael HoskinsEmphasizing that it’s not trampling on the Fourth Amendment, the Indiana Supreme Court has revisited a ruling it made
four months ago and upheld its holding that residents don’t have a common law right to resist police entering a person’s
home.
MoreMan's detainment by officer violated 4th Amendment
August 31, 2011
Jennifer NelsonConservation officers checking to see if a fisherman had a valid license did not have reasonable suspicion to detain the man
and ask to see what was inside his bag after verifying his license, the Indiana Court of Appeals held.
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Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.
Forcing a defendant to wear a stun belt, in court or otherwise, is a violation of american principles! It is also unconstitutional!
So, if I save $100.00 cash per week, from my $500.00 per week paycheck, for 50 years, at which time, I will have saved $260,000.00, the government can raid my home and take my money, just by saying it is drug money! Shouldn't the government, have some kind of evidence of drugs, rather, than just saying we are the government and we will take anything you own, anytime we choose? Tyranny is upon us! If you don't know your rights, you don't have any!