Arizona v. Johnson (U.S., Ginsburg, J.) – During a lawful stop for a traffic infraction, the police may conduct a patdown search of a passenger whom they reasonably suspect to be armed and dangerous.
Criminal
Redmond v. State, No. 49A02-0808-CR-761, __ N.E.2d __ (Ind. Ct. App., Jan. 28, 2009)
365 day period in which to file a petition to modify sentence without prosecutor’s consent begins to run when sentence is imposed, even when sentence sought to be modified runs consecutive to another.
Herring v. United States, No. 07-513, __ U.S. __ (Jan. 14, 2009)
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.”
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.