Smell of burnt marijuana, observed during exigent-circumstance entry into apartment, did not provide probable cause for search warrant when officer did not explain why he concluded smell was not from neighboring apartment; and seizure of key fob for vehicle where large bundles of marijuana were found exceeded scope of warrant’s authorization for “indicia of occupancy, residency or ownership.” State failed to prove K-9 sniff of vehicle would have been conducted independent of the tainted evidence. Because bundles of marijuana were poisoned fruit and should have been suppressed, conviction was reversed.
Criminal
Daugherty v. State, No. 89A01-1510-PC-1532, ___ N.E.3d ___ (Ind., Apr. 5, 2016).
Consecutive sentences for two counts of SVF in possession of a firearm did not constitute a double enhancement,; but they exceeded the statutory cap for a “single episode of criminal conduct.”
Ackerman v. State, No. 49S00-1409-CR-770, ___ N.E.3d ___ (Ind., Apr. 5, 2016).
Under the particular circumstances, autopsy report was not prepared for “primary purpose” of future investigation or prosecution, and therefore was not testimonial hearsay.
Ammons v. State, No. 45S03-1604-CR-167, ___ N.E.3d ___ (Ind., Apr. 5, 2016).
Requiring an Indiana resident, who recently moved to Indiana from another state, to register as a sex offender is not an ex post facto violation when offender was already required to register in another jurisdiction.
Eckelbarger v. State, No. 90S02-1603-CR-157, ___ N.E.3d ___ (Ind., March 29, 2016).
Consecutive 16-year sentences for both delivering and manufacturing methamphetamine were inappropriate where evidence of manufacturing was seized pursuant to search warrant for State-sponsored delivery offenses.