Trial court should impose a narrower internet restriction that is more in line defendant’s crime rather than a complete internet ban.
Criminal
Mathews v. State, No. 01A02-1601-CR-104, __ N.E.3d __ (Ind. Ct. App., Dec. 12, 2016).
A party seeking judicial recusal must properly bring a Criminal Rule 12 motion, and is not entitled to relief based solely on obligations under the Code of Judicial Conduct.
Osborne v. State, No. 29S02-1608-CR-433, __ N.E.3d __ (Ind., Nov. 29, 2016).
It was unreasonable for the officer to conduct an investigatory stop when he responded to a report that a woman was trapped under her car, but the woman had freed herself prior to his arrival, and the officer witnessed no traffic infractions or criminal conduct.
Cruz-Salazar v. State, No. 49S05-1611-CR-626, __ N.E.3d __ (Ind., Nov. 29, 2016).
Police officer had reasonable basis to believe that medical assistance was needed or defendant was in danger so that warrantless entry into vehicle was constitutionally permissible.
Anderson v. State, No. 49A02-1511-CR-1947, __ N.E.3d __ (Ind. Ct. App., Dec. 5, 2016).
Handgun found in coat pocket of a coat removed when defendant stepped out of his car was improperly admitted into evidence because search was not lawful as incident to arrest or as an inventory search.