High court inclined to expand warrantless entry into homes
The Supreme Court of the United States on Wednesday seemed inclined to expand when officers can enter a suspect’s home without a warrant.
Fourth Amendment
Articles
In 1st impression case, COA says officers must explain training to get warrants based on drug odors
The Indiana Court of Appeals has reversed the denial of a motion to suppress drug-related evidence found during a search of a Greene County man’s home. The appellate court ruled on an issue of first impression that probable cause for a search warrant cannot be based only on an officer’s detection of the smell of marijuana without additional information about the officer’s training.
COA affirms denial of motion to suppress in child porn case
The Indiana Court of Appeals has affirmed the denial of a Dubois County man’s second motion to suppress evidence found on a hard drive he owned that tied him to charges of child pornography.
Appeals panel to hear arguments in traffic stop, cash forfeiture case
The Indiana Court of Appeals on Monday will hear oral argument in a civil forfeiture case involving the Hancock County prosecutor and tens of thousands of dollars.
Divided justices affirm lookalike drug conviction in search dispute
A split Indiana Supreme Court has affirmed a man’s drug-related conviction after the Indiana Court of Appeals previously reversed in his favor, finding a search and seizure that resulted in his arrest proceeded within the bounds of the Fourth Amendment.
Justices to hear oil company’s appeal of denied insurance ransomware claim
The Indiana Supreme Court has agreed to hear an oil company’s appeal of a ruling against its claim for insurance coverage after it paid a ransom to hackers to regain control of its computer systems.
Lawsuit claims IU violated Constitution in search of ID card data
Four students at Indiana University Bloomington who were part of an investigation into allegations of hazing at a fraternity have filed a federal lawsuit and are trying to block the school from accessing the swipe data from students’ ID cards without a warrant.
Protester who lost eye due to tear gas sues Fort Wayne, police for excessive force
A Fort Wayne man who lost his eye during a Black Lives Matter protest after the death of George Floyd is now suing the city and local police department for excessive force and violation of his First Amendment rights.
Suit seeks $3M in damages over alleged wrongful DCS actions
Indianapolis parents who claim the Indiana Department of Child Services wrongly removed their children from the home over allegedly false accusations of sexual abuse have filed a federal lawsuit against the agency seeking $3 million in damages.
Judge: Memory-impaired man’s suit claiming Carmel City Hall assault may proceed in part
A man who has difficulty forming new memories and therefore records his interactions on video may proceed with a lawsuit on narrowed claims alleging he was injured after a confrontation with a city attorney in Carmel City Hall as the man recorded his interactions with staff.
‘Say her name’: Louisville to pay $12M to Breonna Taylor’s family
Months after the police killing of Breonna Taylor thrust her name to the forefront of a national reckoning on race and excessive use of force, the city of Louisville agreed to pay the Black woman’s family $12 million and reform police practices as part of a settlement announced Tuesday.
COA reverses suppression of evidence from home search
An appellate panel has reversed a trial court’s order to suppress evidence found in his home during a community corrections compliance check, concluding that law enforcement did not need reasonable suspicion to search his residence.
Indiana joins national split over Fifth Amendment technology question
A 3-2 Indiana Supreme Court decision last month ruled that Fifth Amendment protection against self-incrimination extends to court orders for a suspect to unlock her cellphone. Other states, however, have taken the opposite stance, setting the stage for a likely US Supreme Court case.
7th Circuit reverses man’s habeas relief over vehicle search
The 7th Circuit Court of Appeals has reversed habeas corpus relief granted to a man in a disputed search case where police opened a locked box full of illegal drugs while executing an arrest warrant.
Appeals court reverses drug-possession convictions in OWI case
A Boone County man’s drug-possession convictions were reversed Thursday after an appellate panel found the warrantless search of his car following a crash violated his Fourth Amendment rights.
7th Circuit: Caseworker didn’t retaliate against prisoner
An Indiana prisoner whose discipline conviction was overturned for lack of evidence did not persuade the 7th Circuit Court of Appeals that his case manager later retaliated against him for activity protected by the First Amendment.
Split COA affirms drug dealing convictions in warrantless search, arrest dispute
A divided appellate court has affirmed a man’s drug dealing and conspiracy convictions despite disagreement among the panel as to whether admitted evidence found during a warrantless arrest should have been excluded.
Fort Wayne protesters sue police for ‘violent and inappropriate actions’
Protesters claiming Fort Wayne law enforcement fired teargas canisters, flashbang grenades and rubber bullets into peaceful demonstrations filed a lawsuit Friday in federal court seeking to stop the use of chemical agents and projectiles.
In 3-2 ruling, justices affirm car search in warrant for search of home
Indiana’s chief justice and most senior justice dissented Wednesday from a decision upholding the admission of evidence in a drug case collected from a vehicle that arrived at a Camby home at the same time police were inside the house executing a search warrant that was limited to the property. A justice who sided with the majority, however, said the split decision is evidence that key caselaw regarding law enforcement searches and seizures may need to be revisited.
7th Circuit upholds meth charges after wife’s tip
An indicted man whose wife tipped law enforcement about drugs in their home did not convince the 7th Circuit Court of Appeals that evidence revealed from a search warrant based on her insight violated the Fourth Amendment.