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.
Criminal
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.
State v. Manuwal, No. 50S05-0805-CR-269, __ N.E.2d __ (Ind., Apr. 8, 2009)
The operating while intoxicated offense applies to an individual driving on his own private property.
Graham v. State, No. 03S04-0809-CR-00507, __ N.E.2d __ (Ind., Apr. 8, 2009)
Evidence that the defendant did not offer his hands behind his back to be cuffed was not sufficient to prove he forcibly resisted law enforcement.