Articles

Civil forfeiture reform advances, but concerns remain

The Indiana Senate has approved a bill that would reform many aspects of Indiana’s civil forfeiture framework, a move local attorneys who practice such cases say is a step in the right direction. However, concerns remain about whether the legislation provides criminal defendants sufficient due process.

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7th Circuit: Suit against Evansville, Kentucky police may proceed

A federal complaint alleging coercion, constitutional violations and falsification at the hands of Evansville and Kentucky police officers investigating a murder will continue after the 7th Circuit Court of Appeals determined qualified immunity was not appropriate for certain claims against the officers.

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Fruits of poisonous tree reverse child molesting convictions

A Blackford County man who admitted to molesting two children living in his apartment will have his convictions reversed after the Indiana Court of Appeals determined his incriminating statements were inadmissible under the fruits of the poisonous tree doctrine.

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Supreme Court to hear legal malpractice, marijuana cases

The fate of a legal malpractice claim will be decided by the Indiana Supreme Court next week after the justices hear oral arguments to decide whether the claim can continue. Justices also will hear a case challenging the probable cause that led to a man’s conviction after discovery of a marijuana grow.

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Justices affirm Evansville SWAT drug arrest that split COA

The Indiana Supreme Court on Wednesday unanimously affirmed drug convictions against an Evansville man who challenged a “military-style” SWAT team raid on his house that turned up cocaine, marijuana and prescription painkillers. The convictions previously were reversed in a divided opinion of the Indiana Court of Appeals that was vacated when justices granted transfer.

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Justices to decide marijuana grow probable cause case

The Indiana Supreme Court has agreed to decide whether police officers had probable cause to obtain a search warrant for a home they believed to be the location of an indoor marijuana growing operation after granting transfer to the case last week.

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Cross-border slaying: Can dead teen’s family sue US agent?

Whether and when constitutional rights afforded American citizens extend to non-citizens outside the nation's boundaries were at issue Wednesday when a federal appeals court heard arguments about the cross-border shooting death of a Mexican teenager by a U.S. Border Patrol agent.

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Supreme Court: Officers had probable cause to detain man

Grant County law enforcement officials had probable cause to believe a Chicago man was in possession of a narcotic drug when they detained him and transported him to a police station, the Indiana Supreme Court held Thursday in an opinion affirming the man’s felony drug conviction.

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COA: Officer’s stop of car for expired plate ‘reasonable’

An Indianapolis police officer who initiated a traffic stop that led to the arrest of a passenger in the stopped vehicle did not violate the man’s constitutional rights, the Indiana Court of Appeals ruled Thursday, because the officer reasonably believed the vehicle had an expired license plate and registration.

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Divided court reverses drug convictions for lack of probable cause

Despite a search pursuant to warrants that led to the discovery of more than 60 pounds of marijuana in a man’s Indianapolis home, the man’s drug convictions will be overturned after a divided panel of the Indiana Court of Appeals determined there was a lack of probable cause to support the issuance of the warrants.

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COA reverses delinquent adjudication based on warrantless search

A teenager who was adjudicated as a juvenile delinquent after an officer conducted a warrantless search and found him in possession of a handgun and drug paraphernalia will have his adjudication reversed after the Indiana Court of Appeals determined the officer did not have reasonable suspicion to conduct the search without a warrant.

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Divided COA: Pat-down search did not violate rights

A divided panel of the Indiana Court of Appeals has affirmed a man’s felony and misdemeanor drug and firearm charges after finding the officer who arrested the man did not violate his constitutional rights by stopping him or conducting a pat-down search.

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