Articles

Divided COA upholds weapons conviction after traffic stop

A man convicted on a weapons-related charge failed to convince the Indiana Court of Appeals to overturn his conviction, arguing unsuccessfully that officers unconstitutionally stopped him and searched his vehicle. A dissenting judge, however, believes officers lacked reasonable suspicion to stop the man.

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COA: Officer peeking in window acted as Girl Scout would

A man with drug-related convictions failed to sway an appellate court that his rights against illegal search and seizure were violated when an officer peeked through his window before arresting him. The Indiana Court of Appeals concluded the officer acted no differently than a Girl Scout in approaching the man’s door.

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Justices: Admission of warrantless cell location data was harmless

Even though law enforcement conducted a warrantless Fourth Amendment search when they accessed of a man’s cellphone location data, the admission of the data does not warrant a new trial because any error was harmless beyond a reasonable doubt, the Indiana Supreme Court ruled Friday, upholding a man’s four convictions in a case heard on remand from the U.S. Supreme Court.

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COA to travel for three arguments next week

Three Appeals on Wheels oral arguments will be heard next week, involving wrongful termination of a hospital employee, suppression of evidence from a pat-down search and a hotel’s appeal of granted possession.

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Ruling in smart meter case highlights privacy concerns

A ruling from the 7th Circuit Court of Appeals about smart meters inspired contradictory reactions as the appellate panel held that data collected through the devices by a public utility is protected by the Fourth Amendment, but then, in the next breath, found the search by the Naperville, Illinois, power company was reasonable.

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Officer’s reasonable suspicion sufficient in speeding stop, justices rule

A man challenging the propriety of his traffic stop for speeding under both the United States and Indiana Constitutions failed to convince Indiana Supreme Court justices Wednesday that the officer who conducted the stop should have documented the speed. Justices ruled that the officer had reasonable suspicion to stop him.

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Split COA affirms suppression after faulty controlled drug buy

Police failure to search a party in a controlled drug buy in Muncie and a misleading affidavit to obtain a warrant were sufficient grounds to suppress evidence of cocaine subsequently found in a search of the home the buyer visited, the majority of an Indiana Court of Appeals panel found Wednesday.

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‘Bonnie and Clyde’ bank robber loses 7th Circuit appeal

An Indiana man convicted of “Bonnie and Clyde-style” bank robberies lost his appeal before the 7th Circuit, which ruled Monday that the defendant’s rights weren’t violated when he was tracked from Indiana to California or when evidence of other robberies he wasn’t charged with were admitted at his trial.

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Man’s 33-year sentence, admission of heroin evidence upheld

A man who allegedly held two women against their will and beat them in his Fort Wayne home and later was found holding heroin lost his appeal Friday. An appellate court rejected his challenge to the admission of evidence against him as well as his appeal of his aggregate 33½-year sentence.

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COA finds reasonable suspicion despite errant plate check

The Indiana Court of Appeals reversed a motion to suppress evidence when it found that despite a motorist proving a vehicle was properly licensed, the police officer who pulled the driver over during a traffic stop still had a reasonable suspicion to do so.

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IMPD officers sued for destroying homeless camp

The American Civil Liberties Union of Indiana filed a lawsuit Wednesday against two as yet unidentified Indianapolis police officers, alleging they unlawfully seized and destroyed the belongings of five homeless individuals who had been living under a railroad bridge.  

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