DNA cheek swab may be taken without a warrant based on reasonable suspicion; Pirtle counsel right for a valid consent to search by a person in custody does not apply to consenting to taking of a cheek swab.
Clark v. State, No. 43S00-0810-CR-575, __ N.E.2d __ (Ind., Oct. 15, 2009)
Defendant’s statements about himself on his “My Space” website as an “outlaw” were properly admitted to rebut his testimony at trial.
Damron v. State, No. 49F18-8909-PC-109913, __ N.E.2d __ (Ind. Ct. App., Oct. 19, 2009)
Record is not “silent” for purposes of Boykin rights waiver advisement because guilty plea hearing recording was destroyed; here, P-C.R. petitioner presented no evidence he was not advised of Boykin rights, so “presumption of regularity” that advice was given applied.
Hobbs v. State, No. 19A01-0904-CR-187, __ N.E.2d __ (Ind. Ct. App., Oct. 21, 2009)
Warrantless search of defendant’s car, conducted in the evening after defendant’s arrest on an outstanding warrant and after an alert by a drug-sniff dog, did not violate Indiana Constitution’s Article I section 11.
D.B. v. M.B.V., No. 32A01-0903-CV-110, ___ N.E.2d ___ (Ind. Ct. App. Oct. 2, 2009)
To terminate parenting time, trial court must articulate a finding that parenting time would endanger the child’s physical health or significantly impair the child’s emotional development.