Fourth Amendment rule on search incident to arrest permitted officer to open container found on defendant’s person, but opening the container was an unreasonable search under Indiana Constitution, Article 1, Section 11.
Study v. State, No. 06S04-1407-CR-461, __ N.E.3d __ (Ind., Feb. 4, 2015).
“[T]he concealment-tolling provision under Indiana Code § 35-41-4-2(h)(2) requires a positive act by the defendant that is calculated to conceal the fact that a crime has been committed.”
Madden v. State, No. 39A01-1404-CR-173, __ N.E.3d __ (Ind. Ct. App., Feb. 4, 2015).
Probation condition for supervision by community corrections “with determination of appropriate conditions to be made by” community corrections was not an improper delegation of authority to decide whether probationer should be subject to electronic monitoring.
Hunckler v. Air Sorce-1, Inc., No. 84A01-1405-CT-217, __ N.E.3d __ (Ind. Ct. App., Feb. 3, 2015).
“We will continue to rely on traditional tort and agency principles and, to the extent it was ever applied, abandon the volunteer doctrine.”
R.B. v. K.S., No. 48A05-1406-DR-275, __ N.E.3d __ (Ind. Ct. App., Feb. 3, 2015).
Trial court properly ordered the custodial parent to pay the non-custodial parent nearly $900 a week in child support.