Search of an offender on community corrections monitored home detention is subject to the reasonable suspicion standard required for probationer searches; in this case, the circumstances conferred the required reasonable suspicion for a warrantless dog sniff search of the offender’s home and garage.
Criminal
State v. Cunningham, No. 19S05-1409-CR-599, __ N.E.3d __ (Ind., Mar. 2, 2015).
Police validly required motorist to submit to a pat-down as a condition for allowing him to get out of his truck during a traffic stop, and the officer’s simple query about a pill bottle detected in the motorist’s pocket did not improperly extend the scope of the stop.
Bisard v. State, No. 02A03-1312-CR-492, __ N.E.3d __ (Ind. Ct. App., Mar. 4, 2015).
Trial court’s indication it would consider defendant’s use of certain evidence as opening the door to evidence of defendant’s subsequent criminal conduct was not a ruling admitting the subsequent conduct into evidence, so that defendant’s failure to present his evidence and obtain an actual ruling on an objection to the subsequent conduct evidence did not preserve the issue for appeal.
Griesmer v. State, No. 49S04-1408-CR-564, __ N.E.3d __ (Ind., Mar. 5, 2015).
Entrapment defense failed due to failure to prove alleged criminal conduct was the product of law enforcement action.
Cartwright v. State, No. 65A01-1404-CR-170, __ N.E.3d __ (Ind. Ct. App., Feb. 25, 2015).
Search warrant was erroneously issued, as the application did not establish the informant’s reliability, and the good faith exception could not save the search