A hunch, or mere speculation, that a GPS unit was stolen from the target vehicle is insufficient to establish probable cause for a warrant to search the subject’s residence and/or his adjoining property.
Criminal
Davis v. State, No. 19A-CR-1925, __ N.E.3d __ (Ind. Ct. App., Feb. 21, 2020).
Sentences for multiple drug transactions, which resulted from a State-sponsored sting operation, must run concurrently.
Loehrlein v. State, No. 19A-CR-737, __ N.E.3d __ (Ind. Ct. App., Feb. 21, 2020).
A juror’s deceptive and false answers on a juror questionnaire which prevents the defense from investigating whether said juror is impartial entitles a defendant to a new trial.
Bean v. State, No. 19A-CR-225, __ N.E.3d __ (Ind. Ct. App., Feb. 13, 2020).
A second or subsequent pat down search must by supported by specific and articulable facts that the suspect is armed and dangerous or incident to arrest.
Reynolds v. State, No. 19A-CR-880, __ N.E.3d __ (Ind. Ct. App., Feb. 14, 2020).
Admission of a recorded forensic interview is prohibited if the child victim provides live trial testimony unless the Rules of Evidence provide an independent basis for admission. The forensic interviewer is also permitted to testify provided that: 1) the interview occurred soon after initial disclosure; (2) the interview was not lengthy; (3) the interviewer did not ask leading questions, and the victim’s parents were not participants; and (4) the interview occurred before a sexual assault examination.