The warrantless search of the sock that fell from defendant’s pants containing illegal drugs exceeded the proper scope of a Terry search in violation of his Fourth Amendment rights, and the evidence obtained in the search should not have been admitted at trial.
Criminal
Laboa v. State, No. 18A-CR-951, __ N.E.3d __ (Ind. Ct. App., Aug. 15, 2019).
When a meritorious PCR petition was filed by a pro se petitioner, and neither party moved for summary disposition, the post-conviction court should have either ordered the cause to be submitted by affidavit or held an evidentiary hearing.
Smith v. State, No. 18A-CR-3009, __ N.E.3d __ (Ind. Ct. App., Aug. 7, 2019).
The State failed to establish police officer’s decision to impound defendant’s vehicle adhered to established departmental routine or regulation. While evidence of the department’s written procedure need not be introduced, more than conclusory testimony from an officer is required.
Rodriguez v. State, No. 18S-CR-143, __ N.E.3d __ (Ind., Aug, 7, 2019).
Courts may modify a sentence only if the new sentence would not have violated the terms of the valid plea agreement had the new sentence been originally imposed
State v. Stafford, No. 39S04-1712-CR-749, __ N.E.3d __ (Ind., Aug. 7, 2019).
Companion case to Rodriguez v. State reaffirming that trial courts are bound by the terms of a plea agreement and may only modify a sentence in a way that would have been authorized at the time of sentencing.