Articles

COA: Stop violated 4th Amendment

A police officer was not within his community caretaker function when he pulled over a woman who left a gas station after she escaped from getting stuck under car, the Indiana Court of Appeals ruled. The public safety issue did not outweigh her right to privacy.

Read More

COA: Minor lacks standing in suit against health department

The Indiana Court of Appeals found a minor was not in danger of sustaining injury from storage of her dried blood spot by the Indiana Department of Health and therefore lacked standing to bring a lawsuit, affirming the judgment of the Marion Superior Court.

Read More

COA: Marijuana evidence obtained during illegal search

The Indiana Court of Appeals reversed a man’s conviction of possession of marijuana with intent to deliver in an amount greater than 10 pounds after it found the trial court abused its discretion by admitting evidence that violated his Fourth Amendment rights to unreasonable searches and seizures.

Read More

7th Circuit: 4th, 6th Amendment rights not violated in gun case

The 7th Circuit Court of Appeals said a firearm discovered by police was not the product of an illegal seizure and affirmed the denial of a man’s motion to suppress it. The court also held the statement he gave to police did not violate his Sixth Amendment right to counsel.

Read More

Judges split over reversal of drug conviction after inventory search

Each member of a panel on the Indiana Court of Appeals authored an opinion regarding a man's marijuana conviction stemming from the discovery of the drug during an inventory search after he was arrested for allegedly driving on a suspended license. Two of the three judges voted to reverse his felony conviction.

Read More

COA affirms weapon charge after suspicious person call

A man convicted of Level 5 felony carrying a handgun without a license failed to convince the Indiana Court of Appeals his Fourth Amendment rights were violated when the weapon was seized from him as he walked down a country road.

Read More

Double jeopardy voids two cocaine convictions

A trial court violated the prohibition against double jeopardy by convicting a man in a bench trial of three felony cocaine possession counts, the Indiana Court of Appeals ruled in tossing out two of the convictions.

Read More

Teenager loses privacy argument with mom

A common argument from teenagers that mom has no right to search their rooms created a case of first impression for the Indiana Court of Appeals. And the appellate court affirmed with the common response that in mom’s house, mom has access.

Read More

New-crime exception applies in Indiana

Tackling an issue of first impression, the Indiana Court of Appeals applied the new-crime exception under the exclusionary rule of the Fourth Amendment as well as under the Indiana Constitution.

Read More