Under the totality of the circumstances, the extent of law enforcement’s need for a “military-style assault” was low and the degree of intrusion was unreasonably high; the search violated defendant’s right to be secure against an unreasonable search and seizure.
Criminal
Neal v. State, No. 20A04-1606-CR-1326, __ N.E.3d __ (Ind. Ct. App., Dec. 29, 2016).
The court substantially complied with the requirement of I.C. 35-38-1-7.8(c) by making it clear to the defendant that her status as a credit-restricted felon would impact her ability to earn credit time toward her sentence.
Thomas v. State, No. 27A02-1602-CR-374, __ N.E.3d __ (Ind. Ct. App., Dec. 21, 2016).
In the absence of probable cause to detain, the trial court abused its discretion when it did not exclude from evidence the heroin found in defendant’s mouth during jailhouse search.
Cundiff v. State, No. 15A05-1508-MI-1214, __ N.E.3d __ (Ind. Ct. App., Dec. 21, 2016).
Statutory residency restrictions imposed on sex offenders against children only apply to those who have committed crimes after June 30, 2006.
State v. Johnston, No. 49A02-1606-CR-1222, __ N.E.3d __ (Ind. Ct. App., Dec. 13, 2016).
A party must strictly comply with the statutory provisions allowing relief from the registration requirements of the Indiana Sex Offenders Registry Act.