Misdemeanor sentencing addressed on rehearing.
Criminal
McCaa v. State, No. 56A04-1107-CR-341, __ N.E.2d __ (Ind. Ct. App., Jan. 30, 2012).
Officer did not violate Fourth Amendment or Indiana Constitution by having defendant drive his truck two miles down the road to a gas station to continue the investigatory stop made on reasonable suspicion, when the truck was blocking the single lane of traffic, it was raining, and the defendant’s driving posed no severe risks.
Stark v. State, No. 49A05-1104-CR-152, __ N.E.2d __ (Ind. Ct. App., Jan. 31, 2012).
Although jacket possessor was out of vehicle and handcuffed, officer’s search of the jacket in the car did not violate Arizona v. Gant when three occupants remained in the vehicle, suspect had acted suspiciously about the jacket, and car was in high crime area.
Anderson v. State, No. 49A05-1105-CR-243, __ N.E.2d __ (Ind. Ct. App., Jan. 31, 2012).
DNA felony conviction swab statute’s “mistake” exception applied to probation officer’s taking of cheek swab from defendant when abstract of judgment officer had indicated a D felony conviction, with no mention of alternative misdemeanor sentencing.
Adams v. State, No. 29S02-1109-CR-542, __ N.E.2d __ (Ind., Feb. 2, 2012).
To impose the IC 35-48-4-15(a) mandatory license suspension for using a vehicle in the commission of a drug offense, the “State must demonstrate that a defendant made more than an incidental use of a motor vehicle in committing his offense”; evidence defendant “possessed a jar of marijuana by keeping the jar on the floorboard in front of him while he sat in the passenger seat” supported suspension; it was “not a situation in which a defendant merely happened to possess a small bag of marijuana in his pocket without making any direct use of the vehicle to do so.”