Circumstances leading to defendant’s OWI arrest amounted to a consensual encounter, but even considering the police action to have been an investigatory stop it was permitted by the Fourth Amendment and Indiana Constitution, Article I, Section 11.
Criminal
Johnson v. State, No. 49A02-1406-CR-437, __ N.E.3d __ (Ind. Ct. App., Mar. 6, 2015).
A trial court need not conduct an indigency hearing at the time probation fees are ordered, but must hold such a hearing before or upon completion of the sentence; probation fees “should reflect the time a defendant actually served on probation.”
J.B. v. State, No. 53A01-1408-CR-367, __ N.E.3d __ (Ind. Ct. App., Mar. 10, 2015).
Trial court’s earlier “earned dismissal” of misdemeanor conviction did not make the conviction records inaccessible, so that the expungement remedy was still available despite the earlier dismissal.
Cupello v. State, No. 49A02-1406-CR-394, __ N.E.3d __ (Ind. Ct. App., Mar. 11, 2015).
Homeowner prevailed with his “Castle Doctrine” statutory defense to a charge of battery on a law enforcement officer when the officer had unlawfully entered the home by putting his foot in the threshold of the front door.
D.Y. v. State, No. 49A02-1405-JV-298, __ N.E.3d __ (Ind. Ct. App., Mar. 11, 2015).
When officer told juvenile he would be transported to the police station, the juvenile was “seized” for purposes of the Fourth Amendment, and as the office had no probable cause to believe the juvenile had committed a crime the firearm the officer found in patting the juvenile down was inadmissible.