COA split over whether officer had suspicion suspect was armed
An Indiana Court of Appeals panel was split Tuesday as to whether a man’s firearm conviction should be affirmed.
Fourth Amendment
Articles
Teen’s arrest did not violate 4th Amendment
The Indiana Court of Appeals upheld a teen’s adjudication for carrying a handgun handed down after police arrested the occupants of the car he was riding in after smelling burnt marijuana during a traffic stop. The judges unanimously held the officers had probable cause to arrest the car’s occupants, including the teen.
Teen’s rights not violated by search of sweatshirt
A Marion County teen’s constitutional rights were not violated when a police officer responding to a report of a teen in a black hooded sweatshirt with a gun opened a similar sweatshirt next to the teen and found a gun, the Indiana Court of Appeals held Wednesday.
Canine sniff not allowed, but convictions still upheld
Although a Supreme Court of the United States decision issued shortly after the Indiana Court of Appeals ruled on a case now means that a canine sniff of a suspected drug dealer’s home was unconstitutional, the COA upheld the man’s convictions based on other evidence.
Search of home of man in community corrections based on reasonable suspicion
A trial court acted within its discretion in admitting evidence seized from a man’s home, the Indiana Court of Appeals held Friday. The police search was justified by reasonable suspicion that the man engaged in criminal activity and a search condition contained in his agreement with community corrections.
Lawyer to justices: 4th Amendment waivers require reasonable suspicion
Community corrections officers should have cause before searching the home of someone who has signed a waiver of their Fourth Amendment rights as a condition of probation, a lawyer argued recently before the Indiana Supreme Court.
Strong smell of marijuana makes strip search justified
Although the man was arrested for a misdemeanor, the strong odor of marijuana that engulfed him gave law enforcement officers justification to conduct a strip search and did not violate his constitutional rights.
7th Circuit upholds use of GPS unit on car in 2011
The 7th Circuit Court of Appeals rejected a defendant’s claim that his motion to suppress drugs and guns found by police at a storage locker through the use of a GPS unit should have been granted because attaching the device to his car for purposes of gathering information was a search under the Fourth Amendment.
Warrantless search based on smell does not violated 4th Amendment
Despite the absence of danger to the public, the strong odor of raw marijuana provided the probable cause a police officer needed to conduct a warrantless search.
COA splits over whether pat down after traffic stop was justified
A majority on the Indiana Court of Appeals concluded that a trial court abused its discretion when it denied a man’s motion to suppress drug evidence found on him after police pulled him over for failing to signal a turn. But the dissenting judge believed the arresting officer had sufficient reason to think the defendant might be armed and dangerous during their encounter.
Justices reverse resisting conviction for man who walked from police
A man who walked away from police after they ordered him to stop was wrongly convicted of resisting law enforcement, the Indiana Supreme Court held Friday in one of two cases that reviewed the statute.
‘Get a warrant’ to search cellphones, justices say
In an emphatic defense of privacy in the digital age, a unanimous Supreme Court of the United States ruled Wednesday that police generally may not search the cellphones of people they arrest without first getting search warrants.
Majority reverses teen’s underage drinking adjudication
The Indiana Court of Appeals wanted to make a point “loud and clear” Tuesday: Suspicion of criminal activity is not an exception to the warrant requirement. The majority reversed a teen’s adjudication as a delinquent based on acts of illegal possession of alcohol, illegal consumption of alcohol, and aiding illegal consumption of alcohol.
COA: Search of passenger not unconstitutional
The Indiana Court of Appeals rejected a woman’s claim that drugs found in her possession should not have been admitted at trial because a police search of her after a traffic stop violated the federal and state constitutions.
7th Circuit: Protective sweep by SWAT team reasonable
The 7th Circuit Court of Appeals upheld the denial of a defendant’s motion to suppress evidence found in his home during a protective sweep by the SWAT team after responding to a hostage situation. Marcus Henderson claimed the sweep – which led to the discovery of firearms – was unreasonable.
Judges split over Fourth Amendment violation
Two of the three judges on an Indiana Court of Appeals panel affirmed the suppression of marijuana and a pipe found on a man during a traffic stop, with the dissenting judge believing there was no infringement on the man’s Fourth Amendment rights.
Settlement of federal case requires Indianapolis police to revise procedure
As part of a settlement to a federal civil rights case, the Indianapolis Metropolitan Police Department will be instituting a new policy prohibiting police officers from interfering with civilians who are recording their actions.
No constitutional violations occurred when police entered home
A man’s federal and state constitutional rights were not violated when police officers entered his home without a warrant based on concerns an injured animal or person may be inside.
Man’s 10-year cocaine sentence upheld by 7th Circuit
The 7th Circuit Court of Appeals rejected a defendant’s argument that the drugs seized at his home with a warrant following his arrest should have been excluded from determining his sentence after the District judge ruled the warrant was invalid.
7th Circuit: Gunman’s reach for weapon nullifies excessive force claim
A federal court in South Bend rightfully rejected a civil rights claim brought by a man shot by state troopers trying to serve a warrant who found themselves in a six-hour armed standoff, the 7th Circuit Court of Appeals ruled Thursday.