A sheriff’s deputy who tried to serve a protective order was not justified in entering the backyard of a home after no one answered knocking at the front door, the Indiana Court of Appeals ruled. The deputy saw marijuana in the backyard, leading to the homeowner’s arrest.
An Elkhart man failed to show a traffic stop and drunken-driving arrest was unconstitutional in an appeal that a 7th Circuit Court of Appeals panel rejected with an opinion blasting his lawyer’s work.
A southern Indiana trial court rightly suppressed drug evidence gathered after a police drug-sniffing dog indicated the presence of meth in a van after a traffic stop.
Finding an Indianapolis police officer had reasonable suspicion to conduct an investigatory stop of a car with an interim dealer plate, the Indiana Court of Appeals affirmed the driver’s conviction of Class C felony operating a motor vehicle after his driving privileges had been forfeited for life.
A man’s conviction and 45-year sentence on a meth charge cannot stand because the police search at a rental storage unit that led to his arrest violated his Fourth Amendment protections, a majority of the Indiana Supreme Court ruled.
The Indiana Court of Appeals affirmed a man’s conviction for Class C misdemeanor operating a vehicle while intoxicated Thursday, though one panelist wrote the court went deeper into the analysis of the defendant’s Fourth Amendment claim than it needed to do.
A warrantless search that led to discovery of marijuana and a handgun did not violate the Fourth Amendment because the police found the items as part of their “community-caretaking” duties.
A warrantless search was not a violation of the Fourth Amendment of the U.S. Constitution because the defendant consented through nonverbal cues, the 7th Circuit Court of Appeals ruled Wednesday.
No possibility of danger or smell of marijuana was evident, and that was enough to convince the Indiana Court of Appeals to suppress evidence found during a police officer’s search of a motorist’s backpack.
In a matter of first impression, the Indiana Court of Appeals Wednesday decided that a police officer’s refusal to allow a defendant to enter his or her residence without being accompanied by an officer until a search warrant has been obtained is a reasonable seizure that does not violate the Fourth Amendment.
More than 80 taxi cab drivers have sued the town of Speedway for allegedly seizing their licenses when they attempted to pick up fares after the Indianapolis 500 on May 26.
A protective sweep and subsequent search of a house following the issuance of a search warrant were reasonable under the federal and state constitutions, the Indiana Court of Appeals ruled. The defendant argued that the scope of the sweep – which led to the discovery of drugs and paraphernalia – was impermissibly broad.
Police violated Fourth Amendment protections against unreasonable search and seizure when they used a parcel wire to track the opening of a shipment of marijuana in an Indianapolis man’s home, the Indiana Court of Appeals held Tuesday.
The 7th Circuit Court of Appeals denied a man’s petition for rehearing and for a rehearing en banc after the court originally upheld the seizure of thousands of dollars following a traffic stop. But one judge did write to explain that she disagreed with her fellow panel members’ rationale for originally affirming the seizure.
The stop, search and subsequent discovery of drugs violated the Fourth Amendment’s protection against unreasonable searches even though the police officer was off duty at the time of the incident, the Indiana Court of Appeals has ruled.
Finding 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.
A man’s conviction and 24-year sentence on charges related to a mobile meth lab found in his vehicle was affirmed Tuesday by the Indiana Court of Appeals.
North Manchester resident Michael Carpenter lost his attempt before the Indiana Court of Appeals to have evidence tossed out that was collected when police officers arrived at his home attempting to serve an arrest warrant for a different man. Police believed the man being sought lived at Carpenter’s residence.
U.S. Magistrate Judge Andrew P. Rodovich in Hammond Tuesday granted the state’s unopposed motion to lift the stay of a lawsuit in the Northern District challenging portions of Indiana’s immigration law dealing with employment.
The Muncie attorney who sued former Delaware County Prosecutor Mark McKinney, alleging due process violations following his arrest and acquittal on conspiracy to commit bribery charges, lost his appeal before the 7th Circuit Court of Appeals. The judges found the attorney was trying to recast an untimely false arrest claim into a due process claim.