Articles

Excessive force claim to proceed against IMPD SWAT officer

A Fourth Amendment excessive force claim against an Indianapolis police officer will continue after a federal judge denied the officer’s motion for summary judgment on Tuesday. The SWAT officer is accused of assaulting a suspected drug dealer in his home after executing a no-knock warrant.

Read More

Potential Manafort jurors could be asked about IRS, Ukraine

Prosecutors in special counsel Robert Mueller’s office want to ask potential jurors at the upcoming trial of former Trump campaign manager Paul Manafort about their views of the IRS and Ukraine, among other topics. Prosecutors submitted a request Thursday to use a 20-page jury questionnaire at the trial scheduled for next month in Alexandria, Virginia.

Read More

Supreme Court limits warrantless vehicle searches near homes

The U.S. Supreme Court sided 8-1 with a Virginia man who complained that police walked onto his driveway without a warrant and pulled back a tarp covering his motorcycle, which turned out to be stolen. The justices said the automobile exception does not apply when searching vehicles parked adjacent to a home.

Read More

Justices to decide if bad search voids child molest convictions

The Indiana Supreme Court must decide if a Blackford County man’s child molestation convictions will stand despite an unconstitutional search of his home that led to his confession. The question will force the court to grapple with the relationship between two doctrines: attenuation and fruit of the poisonous tree.

Read More
SEO Pleading the 5th mode (IL Illustration/Brad Turner)

Court order to access smartphone stirs 5th amendment concerns

When does an action become testimonial? What role do technological advances play in Fifth Amendment analyses? When can law enforcement compel people to unlock their cellphones without infringing on constitutional rights? The Indiana Court of Appeals is grappling with those questions as it considers a Fifth Amendment case of first impression.

Read More

COA upholds admission of marijuana found in home

A multi-count drug trial against an Indianapolis man will continue with evidence obtained from a search of the man’s home after the Indiana Court of Appeals ruled there was probable cause to issue for a search warrant.

Read More

COA affirms denial of motion to suppress drug evidence

A man found slumped over a steering wheel who later admitted to possessing methamphetamine and marijuana has lost his appeal of the denial of his motion to suppress the evidence against him. The Indiana Court of Appeals found the seizure of the man was constitutionally permissible.

Read More

FBI probing Trump lawyer’s “personal business dealings”

Federal prosecutors said in a court filing Friday that the criminal probe that led them to raid the offices of President Donald Trump’s personal lawyer, Michael Cohen, is focused on the attorney’s “personal business dealings” and has been going on for months.

Read More

COA: Gun admissible under inevitable discovery rule

A gun was admissible as evidence in a battery trial despite its location through an unwarranted search because it inevitably would have been discovered, despite any Fourth Amendment violation, the Indiana Court of Appeals has ruled.

Read More

COA upholds admission of syringe into evidence

Lawrence County law enforcement officials were justified in conducting a stop that led to the discovery of a used syringe, thus making it acceptable for the trial court to admit the syringe into evidence, the Indiana Court of Appeals has ruled.

Read More