Fourth Amendment

Police entry violated man's constitutional rights

July 1, 2010
Jennifer Nelson
The entry by police into a man’s apartment based on uncorroborated information from an anonymous source violated the man’s federal and state constitutional rights, the Indiana Supreme Court ruled Wednesday. Because of this, the drugs found in the man’s apartment must be suppressed.
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COA upholds stop of teen with gun

June 17, 2010
Jennifer Nelson
The Indiana Court of Appeals found the stop by police of a teen at a summer expo in Indianapolis who had a loaded gun in his waistband didn’t violate the teen’s state or federal constitutional rights. The appellate court also concluded the juvenile court’s comments to the teen’s father don’t require a remand.
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COA: Officer's observation didn't violate man's rights

June 15, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed a defendant’s various drug convictions and sentence, finding the police officer didn’t violate the man’s Fourth Amendment rights by looking in the defendant’s car when trying to serve a warrant.
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Justices: Search didn't violate 4th Amendment

March 24, 2010
Jennifer Nelson
A warrantless search of a probationer's property that is conducted reasonably and supported by a probation search term and reasonable suspicion of criminal activity, doesn't violate Fourth Amendment rights, the Indiana Supreme Court held today.
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Boy can't sue for lack of probable cause

March 17, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals declined to decide whether Indiana provides a plaintiff an adequate post-deprivation remedy despite the state's recognition of an affirmative immunity defense for government workers acting in the scope of their employment.
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COA: Consent prevented constitutional violations

March 1, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of two defendants' motion to suppress evidence even though it wasn't reasonable under the Indiana Constitution because one of the men gave his consent to search the bag which held drugs.
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Judges find stop violated Fourth Amendment

February 26, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals ruled a defendant's stop by police and subsequent search of a wheelbarrow he was pushing - which led to convictions of burglary and theft - violated the man's Fourth Amendment rights. The Circuit Court ordered the defendant's petition for habeas corpus be granted.
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Transfer granted to 'knock and talk' case

November 24, 2009
Jennifer Nelson
The state's highest court has agreed to hear a case in which the Indiana Court of Appeals split on whether a police "knock and talk" investigation violated a man's constitutional rights.
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COA reverses dismissal of drug charges

October 21, 2009
Jennifer Nelson
A trial court erred when it sua sponte decided to exclude evidence from a warrantless search of a defendant's car and dismiss the drug charges against him as a result of that search, the Indiana Court of Appeals ruled today.
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COA splits on cheek-swab requirements

September 30, 2009
Jennifer Nelson
A split Indiana Court of Appeals ruled taking a cheek swab for DNA testing requires reasonable suspicion only, not probable cause, under federal and state constitutions.
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Judges dissent on search after 'knock and talk'

September 30, 2009
Jennifer Nelson
An Indiana Court of Appeals judge dissented from his colleagues' view that a police "knock and talk" investigation didn't violate a man's rights under the Indiana Constitution, fearing the circumstances of the case could lead to a general distrust of law enforcement.
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Traffic infraction not necessary for police stop

September 11, 2009
Jennifer Nelson
Even though a police officer didn't see a driver commit any traffic infractions before pulling him over, the officer could stop the car because he believed the driver might have been injured or impaired, the Indiana Court of Appeals affirmed today.
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Inmate's complaint dismissed again

June 4, 2009
Jennifer Nelson
An inmate's complaint, which led the Indiana Supreme Court to find the Three Strikes Law to be unconstitutional last year, was properly dismissed under the Frivolous Law Claim by the trial court on remand, the Indiana Court of Appeals ruled today.
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Court denies officer's summary judgment motion

June 3, 2009
Jennifer Nelson
A federal judge denied an Indiana State Police officer's motion for summary judgment in a suit alleging he violated a motorist's rights under the Fourth and 14th amendments, ruling it should be up to a jury to decide the issues because the parties' stories regarding what happened during the traffic stop differ radically.
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Teen's Fourth Amendment rights not violated

March 9, 2009
Jennifer Nelson
Debating in a footnote whether a juvenile's argument that his Fourth Amendment rights were violated was subject to a Terry stop analysis, the Indiana Court of Appeals decided to apply the Terry analysis to his case.
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Man's claims against officers can proceed

February 3, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals reversed summary judgment in favor of police officers in a man's civil suit, finding the man may have Fourth and Fifth Amendment claims against them.
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SCOTUS urged to not take Indiana case

January 1, 2009
Michael Hoskins
The Indiana Attorney General's Office wants the nation's top jurists to reject a Hoosier case posing Fourth Amendment questions about police searches, valid search warrants, and probable cause.
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COA: Gun test-firing not an unlawful search

September 19, 2008
Michael Hoskins
Routine test-firing of handguns that police have in their custody isn't a violation of a person's Fourth Amendment rights, the Indiana Court of Appeals ruled today.
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7th Circuit: traffic stop constitutional

December 28, 2007
Jennifer Nelson
A traffic stop in which police found drugs after telling the defendant he was free to go did not violate the defendant's Fourth Amendment rights, ruled the 7th Circuit Court of Appeals today.
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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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