Smell of burnt marijuana emanating from a car gave probable cause to arrest all its occupants; subsequent search of one of the occupants was therefore lawful as incident to arrest.
Criminal
Johnson v. State, No. 49A02-1409-CR-409, ___ N.E.3d ___ (Ind. Ct. App., June 23, 2015).
Pat-down was permissible under the federal and State constitutions when defendant said he had no ID, then placed his hand in his pocket and repeatedly refused commands to remove it.
Jordan v. State, No. 49A04-1410-CR-467, ___ N.E.3d ___ (Ind. Ct. App., June 25, 2015).
Loud accusations that traffic stop was racially motivated could not support conviction for disorderly conduct; statements were protected political speech and constituted no more than “fleeting annoyance” to bystanders.
Johnson v. State, No. 48A05-1408-CR-390, ___ N.E.3d ___ (Ind. Ct. App., June 25, 2015).
2014 amendment to sentence-modification statute did not apply retroactively; therefore, defendants’ petitions were properly denied for lack of prosecutorial consent.
State v. Stevens, No. 62A01-1406-CR-268, ___ N.E.3d ___ (Ind. Ct. App., June 12, 2015).
IDACS criminal-history data that defendant had out-of-state methamphetamine conviction, though inaccurate, gave probable cause to arrest him for attempted possession of a precursor; police had no duty to confirm accuracy of the data.