Fourth Amendment

7th Circuit rules in favor of police officer in 4th Amendment lawsuit

April 10, 2017
Olivia Covington
The 7th Circuit Court of Appeals has reversed the denial of summary judgment to a Highland police officer, finding his decision to keep a man in handcuffs while he was investigated as part of a road rage incident did not violate the Fourth Amendment.
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No constitutional violations at man’s drug trial, COA rules

March 30, 2017
Olivia Covington
A Warrick County man who claimed multiple constitutional violations prejudiced him at his trial for drug crimes failed to prove those violations, the Indiana Court of Appeals decided Thursday.
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COA affirms drug conviction, sentence

March 29, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed a southern Indiana man’s drug conviction and sentence after finding that the admission of certain evidence did not violate the man’s constitutional rights.
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4th Amendment seizure case goes to Supreme Court

March 24, 2017
Olivia Covington
It was a high-crime area, he was wearing the color associated with a local gang, and police believed he was a juvenile who was truant from school. Given those circumstances, state officials argued before the Indiana Supreme Court Thursday that officers were justified in stopping 18-year-old Jordan Jacobs and arresting him after discovering an handgun in his pocket.
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COA reverses drug convictions for lack of police inventory regulation

February 21, 2017
Olivia Covington
The Indiana Court of Appeals vacated a Putnam County man’s drug conviction Tuesday after finding that police officers were not following proper protocol when they searched the man’s vehicle.
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COA tosses conviction after unlawful arrest

February 16, 2017
Marilyn Odendahl
Testimony of police officers who stopped a man for walking on the wrong side of the road, then arrested him for intimidation and resisting law enforcement should not have been admitted at trial, the Indiana Court of Appeals has ruled.
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7th Circuit upholds drug convictions for lack of standing

February 3, 2017
Olivia Covington
The 7th Circuit Court of Appeals has affirmed a man’s drug convictions after holding Friday that he did not have a reasonable right to privacy in a vehicle containing methamphetamine that he paid a car hauler to ship across the country.
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Search of man’s mouth ruled unconstitutional

December 21, 2016
Marilyn Odendahl
The Indiana Court of Appeals has overturned a man’s conviction, ruling the drugs found in his mouth should be excluded under the “fruit of the poisonous tree doctrine.”
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Justices consider cellphone data in 4th Amendment case

December 14, 2016
Olivia Covington
Is the act of turning on a cellphone a voluntary agreement to share that data, or do consumers have a right to privacy of the location information collected from their personal devices? The justices of the Indiana Supreme Court heard legal arguments on both sides of that issue during oral arguments in a case on Dec. 8.
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Justices weigh cellphone data privacy rights in 4th Amendment case

December 8, 2016
Olivia Covington
When people turn on their cellphones, they have a general understanding that some data regarding their whereabouts will be collected. But if a person does not know the extent to which that data is collected, then can the court say that such data was voluntarily released by the person, or is there an expected right to privacy?
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COA reverses handgun conviction because officer didn’t follow protocol

December 5, 2016
Olivia Covington
A police officer did not follow the proper protocol for conducting an inventory search of a detainee’s car, thus making the search impermissible under state and federal constitutions and prohibiting the admittance of any evidence obtained through the search.
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Justices: warrantless search OK because of ‘objectively reasonable’ concerns

November 29, 2016
Olivia Covington
The Indiana Supreme Court affirmed a man’s drug conviction Tuesday, reiterating that if an officer encounters an emergency situation, then he or she may investigate further without a warrant.
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Justices rule in favor of woman alleging 'warrantless intrusion' by officer

November 29, 2016
Olivia Covington
Although a police officer believed that a Hamilton County woman could have been injured after being stuck under her car, the facts surrounding the situation did not lend themselves to an emergency situation that could justify the “warrantless intrusion” of stopping the woman’s car after she drove away.
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Rejecting challenge of search, COA affirms cocaine conviction

November 14, 2016
Olivia Covington
Deciding that the “community caretaker role” exception to the Fourth Amendment can be extended beyond questions regarding seizures of a vehicle, the Indiana Court of Appeals affirmed a man’s cocaine conviction Monday after finding that evidence of the cocaine was not admitted in violation of his constitutional rights.
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COA divided over search producing gun, affirms conviction

November 7, 2016
Olivia Covington
The admission of a gun obtained without a warrant from a man later convicted of carrying a handgun without a license did not violate the man’s constitutional protections against unreasonable search and seizure and, thus, does not warrant the reversal of his conviction.
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Judge: East Chicago Housing Authority must stop warrantless home searches

October 6, 2016
Olivia Covington
The city of East Chicago and its housing authority have been ordered to stop what the ACLU of Indiana is calling “warrantless, nonconsensual entry” into residents’ homes after a district court ruled that doing so violated Fourth Amendment protections against unlawful search and seizure.
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Justices consider rights of privacy vs. public safety in 4th Amendment case

October 6, 2016
Olivia Covington
At the center of an Indiana Supreme Court oral argument Thursday was the question of when exigent circumstances and an officer’s community caretaker role trump a citizen’s right to protection from unlawful searches and seizures under the Fourth Amendment.
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South Bend family questions $18 award for police abuse

September 6, 2016
 Associated Press
The family of a black teenager who was punched and handcuffed by three South Bend police officers then subdued with a stun gun in a case of mistaken identity is questioning why jurors awarded them just $18 in a lawsuit accusing the officers of violating his constitutional rights.
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Warrantless inventory search of vehicle not unreasonable, COA holds

August 17, 2016
Jennifer Nelson
Despite a police officer’s failure to strictly follow relevant procedures for completing a written inventory of items found in an impounded car, the Indiana Court of Appeals affirmed that the warrantless search of the car was not unreasonable.
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Man loses appeal over search that led to cocaine charges

July 26, 2016
Dave Stafford
A man on trial for Class A felony counts of dealing cocaine and conspiracy to deal cocaine lost his appeal Tuesday seeking to suppress evidence found in a search of his car.
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Justices: Houseguest couldn’t consent to home search

July 8, 2016
Jennifer Nelson
The Indiana Supreme Court held Thursday that a houseguest at a home in which police discovered drugs did not have the apparent authority to consent to a search of the house.
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Evidence found during arrest for public intox is admissible, COA rules

June 30, 2016
Scott Roberts
The Indiana Court of Appeals upheld a man’s misdemeanor cocaine possession conviction after it held the search an officer conducted after finding the man asleep in his car did not violate his Fourth Amendment rights and thus the trial court did not abuse its discretion by admitting the cocaine found during the search.
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High court limits drunken-driving test laws

June 23, 2016
 Associated Press
The U.S. Supreme Court on Thursday placed new limits on state laws that make it a crime for motorists suspected of drunken driving to refuse alcohol tests.
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SCOTUS rules for police in search case

June 20, 2016
 Associated Press
A divided U.S. Supreme Court bolstered police powers on Monday, ruling that evidence of a crime in some cases may be used against a defendant even if the police did something wrong or illegal in obtaining it.
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Federal judge weighs order to halt homeless camp sweeps

May 27, 2016
 Associated Press
A federal judge is weighing whether to issue an order barring Fort Wayne from conducting periodic sweeps of the city's homeless camps.
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  1. I will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

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  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

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