State has the burden to demonstrate the reasonableness of a warrantless search in light of three factors: 1) the degree of concern, suspicion, or knowledge that a violation has occurred, 2) the degree of intrusion the method of the search or seizure imposes on a citizen’s ordinary activities, and 3) the extent of law enforcement needs.
In re Civil Commitment of M.L., No. 49A02-1612-MH-2823, __ N.E.3d __ (Ind. Ct. App., June 27, 2017).
A special condition of a mental health commitment must bear a relationship to treatment or protection of the public; special condition of no alcohol or drug use was struck because there was no record of this relationship.
In re K.S., No. 49A02-1701-JC-38, __ N.E.3d __ (Ind. Ct. App., June 29, 2017).
Department of Child Services failed to present evidence that child’s physical or mental condition was seriously impaired or seriously endangered when it only presented that Mother used marijuana two months prior to giving birth.
McNeal v. State, No. 49S05-1706-CR-405, __ N.E.3d __ (Ind., June 20, 2017).
Supreme Court vacated a portion of the Court of Appeals’ opinion discussing the community caretaking exception to the Fourth Amendment’s warrant requirement.
Roach v. State, No. 49A04-1608-CR-1918, __ N.E.3d __ (Ind. Ct. App., June 20, 2017).
A trial court judge must make credibility findings when ruling on the constitutionality of a prosecutorial preemptory challenge that strikes a prospective African American juror for demeanor-based reasons.