There was no search when the traffic stop officer “needed to speak with the passenger and lowered his head down to her level” and, “[i]n the process, . . . saw a gun that was plainly visible between the driver’s seat and center console.”
Criminal
Edmond v. State, No. 49A04-1012-CR-756, __ N.E.2d __ (Ind. Ct. App., July 14, 2011).
Odor of burned marijuana on traffic stop driver’s breath conferred probable cause to arrest.
Hundley v. State, No. 24A01-1010-CR-550, __ N.E.2d __ (Ind. Ct. App., July 14, 2011).
Entire weight of “pill dough” produced in intermediate step in methamphetamine manufacture was properly considered as methamphetamine in excess of 3 grams required for A felony manufacturing.
Butler V. State, No. 84A01-1008-CR-414, __ N.E.2d __ (Ind. Ct. App., June 27, 2011)
Greer v. State’s holding, that a probationer who proceeds pro se and admits the petition need not be advised of the “pitfalls of self-representation,” applies despite decision in Hopper v. State requiring guilty plea advice of dangers of proceeding pro se and “that an attorney is usually more experienced in plea negotiations and better able to identify and evaluate any potential defenses and evidentiary or procedural problems in the prosecution’s case.”
Lemmon V. Harris, No. 52S02-1011-CV-642, __ N.E.2d __ (Ind., June 28, 2011)
1994 sex offender’s transformation “by operation of law” into sexually violent predator under 2007 legislation did not violate Indiana ex post facto protections or Indiana separation of powers provision.