Fourth Amendment does not allow police to extend duration of a traffic stop, even for a “de minimis” time period, for reasons unrelated the matter for which the stop was made.
Criminal
Moore v. State, No. 49A05-1408-CR-398, __ N.E.3d __ (Ind. Ct. App., April 22, 2015).
Savings statute for the revised penal code did not prohibit application of the revised sentence modification statute, which does not require prosecutorial consent to a modification petition, to a petition to modify a crime committed and sentenced prior to the July 1, 2014 effective date of the modification statute’s revision.
M.M. v. State, No. 49A02-1409-JV-639, __ N.E.3d __ (Ind. Ct. App., April 22, 2015).
A juvenile restitution order does not end on the juvenile’s discharge from probation, and action to collect the restitution may be taken after the probation ends.
J.B. v. State, No. 49A02-1409-JV-688, __ N.E.3d __ (Ind. Ct. App., April 23, 2005).
Police officer’s temporary detention of juvenile on sidewalk to investigate whether item juvenile had discarded was a handgun was a reasonable action under the totality of the circumstances and did not violate the Indiana Constitution’s search protection in Article 1, Section 11.
Woodcox v. State, No. 15A05-1410-CR-468, __ N.E.3d __ (Ind. Ct. App., Apr. 14, 2015).
When judgment of conviction was for an A felony but the entry of judgment was for a B felony, defendant’s motion to correct erroneous sentence was properly denied and a nunc pro tunc entry of judgment for an A felony was ordered on remand.