Rejects argument that “the natural metabolization of alcohol in the bloodstream presents a per se exigency that justifies an exception to the Fourth Amendment’s warrant requirement for nonconsensual blood testing in all drunk-driving cases,” and holds instead “that exigency in this context must be determined case by case based on the totality of the circumstances.”
Criminal
Reid v. State, No. 89A01-1208-PC-377, __ N.E.2d __ (Ind. Ct. App., Apr. 8, 2013).
There is no Due Process right to access lost or destroyed evidence, here DNA evidence, during post-conviction proceedings.
Martin v. State, No. 73A01-1207-CR-300, __ N.E.2d __ (Ind. Ct. App., Apr. 8, 2013).
Trial delays caused by toxicology witness’s repeated failures to appear for defense deposition were properly counted against the State in computing the Criminal Rule 4(C) one-year period.
Lopez v. State, No. 15A01-1212-CR-550, __ N.E.2d __ (Ind. Ct. App., Apr. 8, 2013).
When the State had seized considerable sums from defendant’s safe deposit boxes, the adverse effect flight would have on his ability to recover the money was a factor the court should have given some weight to in setting bail.
Florida v. Jardines, No. 11–564, __ U.S. __ (Mar. 26, 2013).
Police using a drug dog at a home’s front door was a Fourth Amendment search.