The Indiana Ex Post Facto Clause was not violated by application of the 2006 sexually violent predator lifetime registration requirement to a person required to register as a sex offender for ten years under the law in effect when his sex offenses were committed.
Criminal
Hayworth v. State, No. 07A01-0804-CR-197, __ N.E.2d __ (Ind. Ct. App., Apr. 20, 2009)
Continuing objection procedure requires counsel to remain silent during the subsequent admission of the class of evidence subject to the objection. Search warrant affidavit did not establish probable cause due to insufficient corroboration of informant’s statements. Affiant detective’s misleading statements amounted to deliberate, reckless, or grossly negligent conduct which “good faith” doctrine would not excuse to save the search.
Arizona v. Gant, No. 07-542, __ U.S. __ (April 21, 2009)
Police may search a vehicle incident to a recent occupant’s arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search or it is reasonable to believe the vehicle contains evidence of the offense of arrest.
Benefield v. State, No. 41A01-0806-CR-272, __ N.E.2d __ (Ind. Ct. App., Apr. 7, 2009)
[W]hile a defendant’s knowledge of the falsity of the instrument may be relevant to show intent to defraud, it is not an essential element of forgery.
Taylor v. State, No. 49A02-0809-CR-795, __ N.E.2d __ (Ind. Ct. App., Apr. 7, 2009)
When the defendant agreed to go to the station for questioning about another matter, he had already received his ticket for driving without his seatbelt, so the subsequent search of his person made for the safety of the officer who would drive him to the station did not violate the Seatbelt Enforcement Act. But because defendant had not agreed to be driven to the station by the police for the questioning, the search of his person was unreasonable under Article 1, section 11 of the Indiana Constitution.