illegal search
COA: Court allowed to admit evidence from man’s home
March 27, 2013
Jennifer NelsonThe Allen County man who tried to convince the Indiana Court of Appeals that law enforcement shouldn’t have searched
his trash and been allowed to obtain a warrant based on evidence from that trash lost his appeal Wednesday.
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.
MoreTrial court should not have admitted statement to detective
October 2, 2012
Jennifer NelsonThe Indiana Court of Appeals found the Vanderburgh Circuit Court abused its discretion in admitting at trial statements a
defendant made to a police detective.
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.
MoreCOA affirms trial court in finding drug evidence was admissible
March 15, 2012
Jenny MontgomeryThe Indiana Court of Appeals has held that a trial court did not err in admitting evidence obtained from a search of a purse
and hotel room.
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.
More7th Circuit affirms search warrant basis
March 8, 2012
Michael HoskinsThe 7th Circuit Court of Appeals has determined that enough probable cause existed to justify a search warrant that led to
a man’s jury convictions on drug charges.
MoreCOA overturns drug conviction
February 21, 2012
Jennifer NelsonBecause there was no evidence presented as to why a defendant was stopped or that the state’s actions were reasonable,
the Indiana Court of Appeals reversed a man’s conviction of misdemeanor possession of marijuana.
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.
MoreIn first impression ruling, COA reverses trial court on illegal search
December 16, 2011
Jenny MontgomeryThe Indiana Court of Appeals has ruled that a police officer went one step too far when he opened a pill bottle he found in
a man’s pocket.
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.
MoreCOA cites 'good faith' exception for child pornography search warrant
August 2, 2011
Jenny MontgomeryThe Indiana Court of Appeals affirmed a trial court’s denial of a motion to suppress evidence, holding that even though
a search warrant was invalid, the evidence it produced is admissible due to a “good faith” exception to the exclusionary
rule.
MoreCourt decides 2nd marijuana-odor case in 2 days
July 15, 2011
Michael HoskinsContinuing a line of holdings during the past decade, the Indiana Court of Appeals has clearly stated that the odor of raw
marijuana can be enough for police to search someone during a valid traffic stop.
MoreJustices rule officer didn't search car to find gun
July 11, 2011
Jennifer NelsonThe Indiana Supreme Court has upheld a man’s firearm conviction, finding the police officer who found a handgun in the
man’s car during a traffic stop wasn’t searching the car when he saw the gun.
MoreJudges affirm motion to suppress after illegal police entry
June 10, 2011
Jennifer NelsonAn Indiana Court of Appeals judge wrote a separate opinion in an unlawful arrest case, emphasizing that the facts before the
court differ from those before the Indiana Supreme Court justices in Barnes v. State.
MoreCourt affirms locked glove box search
November 9, 2010
Michael HoskinsWithout a case on point for the Indiana Court of Appeals to follow, the state’s second-highest appellate court has followed
the direction of federal rulings and national precedent on allowing police to search locked glove boxes without a warrant.
MoreHigh court takes 3 cases
November 2, 2010
IL StaffThe Indiana Supreme Court will hear a case in which a dissenting Court of Appeals judge worried that the majority’s
finding would head toward a bright-line rule regarding the officer safety exception to the warrant requirement in the context
of a car on the side of the road.
MoreMajority: warrantless car search OK under automobile exception
October 1, 2010
Jennifer NelsonThe Fourth Amendment doesn’t prohibit a warrantless search of an operational car found in a public place if police have
probable cause to believe the car contains evidence of a crime, the Indiana Supreme Court ruled Thursday.
MoreAttenuation doctrine doesn't apply under Indiana Constitution
September 10, 2010
Jennifer NelsonThe attenuation doctrine has no application under the state’s constitution, the Indiana Court of Appeals ruled today
in a case alleging an unconstitutional search.
MoreJudge worries ruling may make bright-line rule in traffic stops
July 27, 2010
Jennifer NelsonA panel of Indiana Court of Appeals judges each wrote their own opinion on whether a police officer’s safety concerns
were legitimate enough to allow the officer to search a car after a traffic stop.
MoreCOA: Officer's observation didn't violate man's rights
June 15, 2010
Jennifer NelsonThe 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.
MoreCourt rejects stale trash evidence argument
May 26, 2010
Michael HoskinsThe Indiana Court of Appeals has rejected an argument that evidence found in a trash search was stale because no other garbage
had been collected in the past two weeks and that seized material could have been too old.
MoreJustices: Search didn't violate 4th Amendment
March 24, 2010
Jennifer NelsonA 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.
MoreJudges find search of car for gun not justified
March 4, 2010
Jennifer NelsonA panel of Indiana Court of Appeals judges reversed the denial of a defendant's motion to suppress evidence of drugs found
in his car during a search, but one judge believed the man's cooperation and respect toward the police officer shouldn't
factor into their decision making.
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Court Calendar
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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June 18, 2013 Winston K. Wood v. State of Indiana - 6/18/13
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Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.