It is reasonable to require a law enforcement officer to follow established policies of completing a written inventory while conducting a warrantless search of a vehicle, but failure to do so will not result in suppression of items found in that search.
Appeals
Beedy v. State, No. 48A02-1510-CR-1703, __N.E.3d__ (Ind. Ct. App., August 22, 2016).
Defendant is entitled to raise a “Romeo and Juliet” defense under Ind. Code § 35-42-4-9(e) if he has not committed a prior sex offense against a person other than the victim.
Curtis v. State, No. 49A02-1512-CR-2293, __N.E.3d__ (Ind. Ct. App., Aug. 22, 2016).
If a person has a fair and reasonable foundation for believing that he or she has a right to be present on the property, there is no criminal trespass. If a person is not given a reasonable period of time to comply with a request to leave the premises, then there is no criminal trespass.
In re A.H., No. 49A04-1601-JC-42, __ N.E.3d __ (Ind. Ct. App., Aug. 18, 2016).
A CHINS adjudication is inappropriate when a parent is willing to provide care to the child without the coercive intervention of the court.
J.B. Hunt Transport, Inc. v. Guardianship of Zak, No. 45A03-1506-CT-670, __ N.E.3d __ (Ind. Ct. App., Aug. 18, 2016).
Evidence of post-accident investigations is not automatically excluded as a subsequent remedial measure.