Fourth Amendment rule on search incident to arrest permitted officer to open container found on defendant’s person, but opening the container was an unreasonable search under Indiana Constitution, Article 1, Section 11.
Criminal
Study v. State, No. 06S04-1407-CR-461, __ N.E.3d __ (Ind., Feb. 4, 2015).
“[T]he concealment-tolling provision under Indiana Code § 35-41-4-2(h)(2) requires a positive act by the defendant that is calculated to conceal the fact that a crime has been committed.”
Madden v. State, No. 39A01-1404-CR-173, __ N.E.3d __ (Ind. Ct. App., Feb. 4, 2015).
Probation condition for supervision by community corrections “with determination of appropriate conditions to be made by” community corrections was not an improper delegation of authority to decide whether probationer should be subject to electronic monitoring.
Tiplick v. State, No. 49A04-1312-CR-617, __ N.E.3d__ (Ind. Ct. App., Jan. 27, 2015).
The dealing in a synthetic drug and possession of a synthetic drug offenses, as in effect in 2012, are unconstitutionally vague.
N.S. v. State, No. 49A05-1407-JV-338, __ N.E.3d __ (Ind. Ct. App., Jan. 28, 2015).
Illegal search of car passenger’s backpack was a “lead” which produced testimony of driver about his prior knowledge of the backpack’s contraband contents, so that the driver’s testimony was “fruit of the poisonous tree” and should have been suppressed.