Marijuana found on street on passenger’s side of auto, where it may have been thrown from passenger’s window, coupled with driver’s suspicious behavior, was not sufficient to establish the passenger possessed the marijuana.
Criminal
Carraway v. State, No. 47A01-1104-CR-162, __ N.E.2d __ (Ind. Ct. App., Nov. 17, 2011).
Trial court’s failure to take guilty plea into account as a mitigating factor required remand for resentencing.
Nowling v. State, No. 31A01-1010-CR-552, __ N.E.2d __ (Ind. Ct. App., Oct. 24, 2011).
Probationer home search was invalid as unsupported by reasonable suspicion a probation violation occurred.
Gearlds v. State, No. 90A02-1105-CR-433, __ N.E.2d __ (Ind. Ct. App., Oct. 24, 2011).
Error in statute defining A misdemeanor driving while suspended with a prior within ten years does not prevent its enforcement.
Gunn v. State, No. 49A02-1102-CR-82, __ N.E. 2d __ (Ind. Ct. App., Oct. 24, 2011).
When defendant made a left turn onto a four-lane road, traffic statute did not require that the turn be into the lane closes to the center line, and officer’s mistake-of-law belief that defendant committed an infraction did not save the ensuing search under the “good faith” doctrine.