COA: Gun, drug evidence from home detention search admissible
A man convicted of illegally possessing a gun in the residence of a home detainee lost an argument that evidence discovered during a search of the home should be suppressed.
Fourth Amendment
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Pittsboro must pay officer more than $70K after wiretapping verdict
A Pittsboro law enforcement officer who won a $15,000 damages award on a claim that police officials were illegally recording his conversations has also been awarded more than $70,000 in attorneys’ fees and costs.
State cannot overcome calendar in appeal of suppression order
Although the state was able to get a trial court to reconsider the suppression of cellphone evidence in a rape trial, it could not convince the Indiana Court of Appeals that its pursuit of an interlocutory appeal was timely.
Drug-possession convictions affirmed for woman following inventory of her purse
The Indiana Court of Appeals has affirmed a woman’s drug possession convictions after a traffic stop led to the discovery of contraband in a purse that the trial court inferred to be hers.
Drug dealer’s appeal fails to show prosecutorial misconduct
A prosecutor’s suggestion to jurors during closing arguments that the volume of fentanyl in a habitual drug dealer’s possession had the potential to kill thousands of people did not constitute fundamental error. The Indiana Court of Appeals on Friday rejected that and other arguments of a man convicted and sentenced to 40 years in prison.
Reversal: Drugs found in sock not admissible
Three Clark County drug convictions were overturned Thursday after the Indiana Court of Appeals determined drug evidence found in a suspect’s sock should not have been admitted.
Gun found in vehicle inventory erroneously admitted, COA rules
A man’s conviction for driving on a suspended license will stand, but the Indiana Court of Appeals vacated his conviction for carrying a handgun without a license on finding a search of his vehicle was not pursuant to departmental routine or regulation.
COA upholds admitting meth found in Bedford Taco Bell
A man convicted of possessing several grams of meth has lost his appeal to suppress evidence found at his fast food workplace after an anonymous caller alerted authorities. But a concurring judge used the case to “state the obvious” and remind Hoosiers of their right not to talk to police in similar circumstances.
COA: Dog sniff didn’t unlawfully prolong traffic stop
A traffic stop that led to a man’s marijuana convictions was not unlawfully prolonged by a dog sniff, the Indiana Court of Appeals has ruled, so evidence found as a result of the sniff was not improperly admitted at trial.
Divided COA upholds drug, firearm convictions, can’t solve gun ‘conundrum’
Though the warrantless search that led to a man’s drug- and firearm-related convictions was lawful, a divided panel of the Indiana Court of Appeals was stumped on how to resolve the “conundrum” of when or if the man’s gun can be returned to him.
Motion to suppress properly denied in domestic violence case
Motions to suppress evidence against the defendant in a Gibson County domestic violence case were properly denied, the Indiana Court of Appeals ruled Thursday, finding the aggressor’s rights were not violated during the initial police response to the domestic violence call.
COA: Traffic stop resulting in arrest wasn’t unconstitutionally extended
Convictions have been upheld for a man who was driving while suspended after an appellate panel rejected his argument that evidence of his suspension was obtained during an unconstitutional extension of a traffic stop.
Justices allow seizure, turnover of $60K in alleged drug money
The Indiana Supreme Court has upheld the seizure of $60,000 in cash believed to be drug money, finding the officer who intercepted the parcel holding the cash had probable cause to think the package was related to drug trafficking. The unanimous ruling also upholds the turnover of the cash to the federal government, though it doesn’t address whether the money will be forfeited. The Court of Appeals previously had ruled the seizure was unlawful.
Split 4 ways, justices OK warrantless blood draw for unconscious driver
The U.S. Supreme Court has ruled in a plurality decision that law enforcement officers can generally draw blood without a warrant from an unconscious person suspected of driving drunk or while on drugs. Concurring and dissenting justices warned the court was establishing cumbersome and difficult guidance for authorities facing such situations.
7th Circuit: Evidence found during unlawful drug raid still admissible
Convictions were affirmed for a man whose home was illegally searched by the Drug Enforcement Administration, which uncovered 10 pounds of methamphetamine inside. The 7th Circuit Court of Appeals found that although the DEA should have obtained a search warrant first, the evidence was still admissible.
Justices let stand suppression in drug case, grant transfer in 2 others
Indiana Supreme Court justices agreed to hear two cases on grant of transfer last week, denying one other involving a faulty Muncie controlled drug buy. The three cases were the only matters justices considered on petition to transfer last week.
Car search after meth dealer’s arrest divides COA panel
A suspected Morgan County meth dealer who pulled his truck into his driveway as police were executing a search warrant on his property failed to overturn his conviction on appeal, but a dissenting judge found a police search of his vehicle after he was arrested failed to “honor the distinction between homes and motor vehicles for purposes of search and seizure.”
COA orders state to reimburse $77K from illegal seizure
The state must pay back more than $77,000 to a man after seizing cash from his vehicle, the Indiana Court of Appeals has ruled, finding the money was unlawfully seized and turned over to the federal government.
Driving while suspended conviction reversed; gun evidence upheld
Evidence of a gun found inside a truck during a traffic stop was not suppressed despite a man’s appeal, but his conviction for driving while suspended was vacated by an appellate court after both parties agreed there was insufficient evidence to support it.
Reversal reinstates wrongful arrest suit against conservation officer
Summary judgment for a conservation officer was reversed Thursday after the Indiana Court of Appeals found, among other things, that his actions in procuring the prosecution of a woman who killed his dog were not noncriminal.