Circumstances sufficiently corroborated concerned citizen’s tip of a possibly intoxicated driver to support an investigative stop.
State v. Economic Freedom Fund, No. 07S00-1008-MI-411, ___ N.E.2d ___ (Ind., Dec. 29, 2011).
The First Amendment claim against the Indiana Autodialer Law by an entity that uses an automated dialing device to deliver prerecorded political messages would likely fail; further, there is no reasonable likelihood of success on the merits of the entity’s claim that the Autodialer Law’s live-operator requirement materially burdens its right to engage in political speech in violation of the state constitution.
Bryant v. State, No. 45A03-1101-CR-11, __ N.E.2d __ (Ind. Ct. App., Dec. 20, 2011).
Suspect, arrested driving his car for resisting arrest after he failed to stop the car earlier, was properly strip-searched at the arrest site for drugs when officers had reasonable suspicion he was concealing contraband on his person.
McCloud v. State, No. 49A05-1102-CR-77, __ N.E.2d __ (Ind. Ct. App., Dec. 20, 2011).
Neither the Interstate Agreement on Detainers nor the writ of habeas corpus ad prosequendum procedures applied to defendant while he was in federal custody for ten months; Criminal Rule 4 consequently was applicable, and the time the defendant was in federal custody was attributable to the defendant under the Criminal Rule 4(C) one-year rule.
Snyder v. King, No. 94S00-1101-CQ-5, ___ N.E.2d ___ (Ind., Dec. 15, 2011).
Misdemeanor battery is not an “infamous crime” for the purpose of Article II, § 8, of the Indiana Constitution, which authorizes the General Assembly to disenfranchise “any person convicted of an infamous crime”; additionally, the General Assembly has separate constitutional authority to cancel the registration of any person incarcerated following conviction, for the duration of incarceration.