Arrest based on police clerk’s report of an active warrant, which was found fifteen minutes later to have been recalled five months earlier, was not subject to the 4th Amendment exclusionary rule, as the police mistake was not “deliberate, reckless, or grossly negligent” nor the result of “circumstances recurring or systemic negligence.”
Criminal
McGhee v. State, No. 48A02-0804-CR-345, __ N.E.2d __ (Ind. Ct. App., Dec. 29, 2008)
Confession was involuntary when it was induced by officer’s erroneous assurance that consensual sex between defendant and his adult niece was legal.
Fought v. State, No. 35A02-0807-CR-623, __ N.E.2d __ (Ind. Ct. App., Dec. 29, 2008)
Defendant’s presence in his automobile at a service station was in “a public place” for purposes of the public intoxication offense.
State v. Hunter, No. 49A02-0810-CR-884, __ N.E.2d __ (Ind. Ct. App., Dec. 30, 2008)
Blood alcohol test results were properly excluded when State failed to show that nurse drawing blood pursuant to a search warrant followed a protocol established by a physician or that the nurse was trained in obtaining blood samples.
State v. Washington, No. 02S03-0804-CR-191, __ N.E.2d __ (Ind., Dec. 31, 2008)
Under the state and federal Constitutions, an officer, without reasonable suspicion, can inquire as to possible further criminal activity, in this case drug possession, when a motorist is stopped for a traffic infraction.