Search warrant was not based on probable cause, when supported only by two uncorroborated tips from informants with insufficiently established credibility and good-faith exception did not apply in view of officer’s “reckless material omission of fact” relevant to credibility of one of the tips.
Criminal
Holloway v. State, No. 71A04-1508-CR-1292, ___ N.E.3d ___, (Ind. Ct. App. Feb. 18, 2016).
Intoxicated, agitated arrestee’s statements to arresting officer were sufficient to establish “true threat” and thus to support intimidation conviction.
Ward v. State, No. 49S02-1602-CR-96, ___ N.E.3d ___ (Ind., Feb. 19, 2016).
Domestic battery victim’s statements to forensic nurse identifying her attacker were not barred as testimonial hearsay because they were given for “primary purpose” of medical treatment, which includes “safety plan” for discharge.
Miller v. State, No. 49A05-1507-CR-789, ___ N.E.3d ___ (Ind. Ct. App., Feb. 9, 2016).
Arrest for resisting law enforcement violated defendant’s well-established right to walk away; bare report of a “disturbance” did not give probable cause for arrest, nor did record support claim that she was stopped to be cited for jaywalking. Subsequent search incident to arrest therefore violated her Fourth Amendment rights.
State v. Hargrave, No. 82A01-1504-CR-137, __ N.E.3d __ (Ind. Ct. App., Feb. 2, 2016).
A person who holds a CDL license at the time of committing a traffic violation may not participate in a diversion program or have judgment deferred on that conviction.