A four-day period between the illegal activity and the finding of probable cause does not render a warrant constitutionally stale.
Ind. Bureau of Motor Vehicles v. Douglass, No. 19A-MI-216, __ N.E.3d __ (Ind. Ct. App., Oct. 23, 2019).
BMV had the right to pursue a suspension of defendant’s driving privileges in Indiana even though he was a no longer a resident of Indiana.
Schuler v. State, No. 31S00-1703-LW-134, __ N.E.3d __ (Ind., Oct. 18, 2019).
Because the trial court’s revised sentencing order demonstrated that it did not rely on non-statutory aggravating circumstances in imposing life without parole, the order was not improper.
McAnalley v. State, No. 18A-CR-1099, __ N.E.3d __ (Ind. Ct. App., Oct. 18, 2019).
Defendant is permitted to stipulate to his status as a felon in a trial for unlawful possession of a firearm by a serious violent felon. When a passenger in an automobile is arrested on a warrant, search of the passenger compartment is permissible under both the Indiana and federal constitutions, based on suspicious behavior and/or admission by the passenger of ownership of contraband in the passenger side of the vehicle.
Weikart v. Whitko Comm. School Corp., No. 19A-CT-1224, __ N.E.3d __ (Ind. Ct. App., Oct. 17, 2019).
Trial court properly dismissed case for failure to state a claim; police officer did not have a special duty to plaintiff to protect her activities from public disclosure.