State has the burden to demonstrate the reasonableness of a warrantless search in light of three factors: 1) the degree of concern, suspicion, or knowledge that a violation has occurred, 2) the degree of intrusion the method of the search or seizure imposes on a citizen’s ordinary activities, and 3) the extent of law enforcement needs.
Criminal
McNeal v. State, No. 49S05-1706-CR-405, __ N.E.3d __ (Ind., June 20, 2017).
Supreme Court vacated a portion of the Court of Appeals’ opinion discussing the community caretaking exception to the Fourth Amendment’s warrant requirement.
Roach v. State, No. 49A04-1608-CR-1918, __ N.E.3d __ (Ind. Ct. App., June 20, 2017).
A trial court judge must make credibility findings when ruling on the constitutionality of a prosecutorial preemptory challenge that strikes a prospective African American juror for demeanor-based reasons.
Paquette v. State, No. 63A04-1612-CR-2891, __ N.E.3d __ (Ind. Ct. App., June 21, 2017).
Defendant may only be sentenced and convicted of a single count of resisting law enforcement even when the act of resistance caused multiple deaths.
Hart v. State, No. 59A01-1607-CR-1655, __ N.E.3d __ (Ind. Ct. App., June 21, 2017).
A defendant cannot knowingly and intelligently waive his right to counsel absent an advisement regarding the dangers and disadvantages of self-representation.