Articles

COA revives ‘new intervenors’ challenge in South Bend police phone call recording litigation

Describing the litigation as taking a “convoluted procedural path” through state and federal courts, the Court of Appeals of Indiana remanded the yearslong dispute in South Bend over surreptitiously recorded phone conversations of certain police officers after finding the fundamental question of whether the state or federal wiretap laws were violated had never been answered.

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Appellate court adopts new-crime exception, partially reverses for motorist who wasn’t read Miranda rights

A motorist who denied hitting a police officer’s car but who offered the officer money to pay for the damages won a partial reversal after the Court of Appeals of Indiana found he was subject to custodial interrogation without being given Miranda warnings. But the COA did not allow the suppression of the alleged bribery based on the federal new-crime exception.

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