Contraband found in probationer’s home was admissible; probationer waived search and seizure rights and agreed to “reasonable” searches as condition of probation, and search was not unreasonable (applying Vanderkolk v. State, 32 N.E.3d 775 (Ind. June 9, 2015)).
Appeals
Seal v. State, ___ N.E.3d ___, No. 48A02-1410-CR-775 (Ind. Ct. App. July 15, 2015).
State’s inadvertent failure to preserve audio recordings of victims’ initial field interviews and subsequent follow-up interviews did not violate defendant’s rights; no law requires recording of victim interviews, and police did not intentionally sabotage or destroy the recordings they had attempted to make.
Wertz v. State, No. 48A04-1409-CR-427, __ N.E.3d __ (Ind. Ct. App., July 7, 2015).
“GPS device is similar in nature to a computer or cell phone, and that such a device cannot be treated as a ‘container’ that may be searched pursuant to the automobile exception to the warrant requirement.”
Cox v. State, No. 27A02-1412-CR-599, __ N.E.3d __ (Ind. Ct. App., July 7, 2015).
Amelioration doctrine did not apply to defendant’s sentence because the legislature clearly stated in Ind. Code 1-1-5.5-21(b) that it did not intend the amelioration doctrine to apply.
In re I.J., No. 57A03-1501-AD-28, __ N.E.3d __ (Ind. Ct. App., July 8, 2015).
The trial court erred in denying a possible father’s (third-party) request for genetic testing for a child born to a married couple who placed the newborn for adoption.