Officer’s taking expired license suspect into patrol car to “review the information and decide what we were going to do,” when review could have been conducted by the side of the suspect’s auto, impermissibly expanded scope of an investigatory stop without justification.
Criminal
State v. Downey, No. 10A01-1310-CR-432, __ N.E.3d __ (Ind. Ct. App., July 31, 2014).
Order for return of defendant’s money seized by police was abuse of discretion as the matter was moot because the money had already been transferred, by order of a different court without a hearing, to the federal government.
Collins v. State, No. 49A02-1310-PC-887 , __ N.E.3d __ (Ind. Ct. App., Jul. 25, 2014).
Denial of post-conviction relief petitioner’s request for subpoena for an out-of-state witness was not an abuse of discretion, when petitioner did not identify any state or federal law permitting the subpoena.
Bell v. State, No. 49A02-1312-CR-1026, __ N.E.3d __ (Ind. Ct. App., Jul. 28, 2014).
Odor on a person of raw marijuana, like the smell of burnt marijuana, suffices to provide probable cause that the person possesses marijuana.
Perryman v. State, No. 20A03-1308-PC-299, __ N.E.3d __ (Ind. Ct. App., Jul. 30, 2014).
Evidence of controlled buy of cocaine from defendant, which was relied on to obtain the search warrant which produced the cocaine and marijuana on which charges were based, was “intrinsic” to the charged crimes and accordingly not barred by Evidence Rule 404(b).