7th Circuit tosses IU dorm-search lawsuit
An Indiana University student’s federal lawsuit seeking a preliminary injunction to prevent his one-year suspension was dismissed Friday by the 7th Circuit Court of Appeals.
Fourth Amendment
Articles
Smoking-ban lawsuits face long odds, legal expert says
Ten bar owners who are taking Indianapolis to court over a new citywide smoking ban that takes effect Friday at 6 a.m. stand little chance of stopping the ordinance, an Indianapolis law professor predicts.
State concedes traffic stop was invalid
On the appeal of a woman’s conviction of possession of marijuana, the state conceded that the traffic stop that led to the discovery of the drug was invalid. The Indiana Court of Appeals accordingly reversed the conviction.
Judges uphold drug convictions and sentence
A defendant’s argument that his Fourth Amendment rights were violated when police searched his vehicle and found pills failed because the man abandoned his vehicle after the traffic stop. By fleeing, he relinquished any reasonable expectation of privacy in the car, the Indiana Court of Appeals held.
Judges reverse marijuana conviction
The search of the car driven by a defendant violated the Fourth Amendment, the Indiana Court of Appeals ruled, so the trial court abused its discretion in admitting evidence obtained through an inventory search of the car.
Man can’t prove ineffective assistance from attorney
The Indiana Court of Appeals has affirmed the denial of a man’s petition for post-conviction relief, in which he claimed his trial counsel was ineffective.
COA rules police officer’s questions not unconstitutional
The Indiana Court of Appeals has ruled that a man has incorrectly interpreted the Fourth Amendment in his appeal and that no constitutional violation occurred when he allowed a police officer to search his car.
Judges find search wasn’t valid under 4th Amendment
The Indiana Court of Appeals has found that a woman’s Fourth Amendment right to be free from unreasonable searches and seizures was violated and a trial judge erred in not suppressing evidence found during a home search.
Officer did not violate 4th Amendment in finding gun in man’s coat
A police officer who arrested a man and then found a gun in his coat did not violate the man’s rights, the Indiana Court of Appeals held.
Court finds police lacked reasonable suspicion for stop and search
Finding that an Indianapolis police officer didn’t have reasonable suspicion or consent to stop a man acting suspiciously in a gas station parking lot, the Indiana Court of Appeals has reversed two fraud convictions involving the possession of movie DVDs that weren’t yet on the market.
Appellate court upholds murder conviction
The Indiana Court of Appeals found the circumstantial evidence presented at trial was sufficient to establish beyond a reasonable doubt that a man killed his wife.
COA affirms denial of motion to suppress
The actions of police officers who showed up on a man’s property to investigate a complaint – which led to the discovery of marijuana plants – were reasonable, according to the Indiana Court of Appeals.
Barnes panel OKs proposed law changes
A legislative study committee has approved proposed changes to state law that it hopes the Indiana General Assembly will consider in response to a state Supreme Court decision earlier this year.
Judges interpret left turn traffic statute
Turning left from an intersection doesn’t mean you must drive into the lane closest to the center line, the Indiana Court of Appeals ruled Monday.
Supreme Court upholds Barnes ruling
Emphasizing that it’s not trampling on the Fourth Amendment, the Indiana Supreme Court has revisited a ruling it made four months ago and upheld its holding that residents don’t have a common law right to resist police entering a person’s home.
Man’s detainment by officer violated 4th Amendment
Conservation officers checking to see if a fisherman had a valid license did not have reasonable suspicion to detain the man and ask to see what was inside his bag after verifying his license, the Indiana Court of Appeals held.
Lawmakers discuss Barnes police entry ruling
An Indiana summer study committee met for the second time Wednesday to discuss a state Supreme Court ruling from earlier this year involving the right to resist police entry into one’s home.
Public to testify before Barnes subcommittee
The subcommittee formed to address the issue of illegal police entry following an Indiana Supreme Court ruling will hear public testimony and discuss draft language at its Wednesday meeting.
Justices rule officer didn’t search car to find gun
The Indiana Supreme Court has upheld a man’s firearm conviction, finding the police officer who found a handgun in the man’s car during a traffic stop wasn’t searching the car when he saw the gun.
Justices keep pace with past years’ activity
In the final days before its fiscal calendar year ended, the Indiana Supreme Court kept pace with past years’ activity levels.