When probable cause for a search warrant is premised solely on law enforcement’s detection of the odor of raw marijuana, the assertion must be based on more than personal belief: the affiant–officer must provide some information about the detecting officers’ relevant “training” or “experience” that led to the ultimate conclusion.
Criminal
Campbell v. State, 19A-CR-2414, __ N.E.3d __ (Ind. Ct. App., Dec. 21, 2020).
To file a belated habitual offender charge, the State must affirmatively demonstrate good cause.
Loehrlein v. State, 20S-CR-376, __ N.E.3d __ (Ind., Dec. 9, 2020).
When a juror commits gross misconduct, a defendant must still demonstrate that they were probably harmed as a result of that misconduct to be entitled to relief.
Johnson v. State, 20S-CR-655, __ N.E.3d __ (Ind., Dec. 1, 2020).
Evidence of drug involvement, and whether the suspect and officer are in a confined space, are both part of the totality of the circumstances contributing to an officer’s reasonable belief that a subject is armed and dangerous as to permit a Terry frisk.
Hobbs v. State, 19A-CR-909, __ N.E.3d __ (Ind. Ct. App., Nov. 30, 2020).
In child molesting cases, even assuming the defense at trial remains the same, amendments to the charging information which add entirely new charges a mere two weeks before trial constitutes insufficient notice.