Attenuation doctrine doesn’t apply under Indiana Constitution
The attenuation doctrine has no application under the state’s constitution, the Indiana Court of Appeals ruled today in a case alleging an unconstitutional search.
Fourth Amendment
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Judge sues prosecutor for intimidation, retribution
A Delaware County judge is claiming that county prosecutor Mark McKinney and a former deputy prosecutor threatened and intimidated
the judge and his wife based on the judge’s ruling on how McKinney handled civil drug forfeitures.
No qualified immunity for officer in diabetic man’s claim
The 7th Circuit Court of Appeals affirmed denial of summary judgment in favor of a police officer in a diabetic man’s
claims that the officer used excessive force and injured him while removing him from a car after a diabetic episode.
Judge worries ruling may make bright-line rule in traffic stops
A 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.
Court addresses fine line between traffic stop, arrest
The Indiana Court of Appeals has reversed a man’s drunk driving and marijuana possession convictions based on police
officer conduct, finding that the officer shouldn’t have held a gun and handcuffed him during what could have been a
legitimate traffic stop.
Canine sniff case gets second look, same ruling
On a rehearing petition from the state, the Indiana Court of Appeals reaffirmed today its holding in reversing a conviction
based on a traffic stop involving a canine sniff.
Police entry violated man’s constitutional rights
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.
COA upholds stop of teen with gun
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.
COA: Officer’s observation didn’t violate man’s rights
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.
Judges find stop violated Fourth Amendment
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.
Boy can’t sue for lack of probable cause
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.
COA: Consent prevented constitutional violations
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.
Justices: Search didn’t violate 4th Amendment
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.
COA reverses dismissal of drug charges
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.
Inmate’s complaint dismissed again
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.
Man’s claims against officers can proceed
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.
SCOTUS urged to not take Indiana case
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.
Transfer granted to ‘knock and talk’ case
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.
COA splits on cheek-swab requirements
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.