Terry stop was improperly extended with a search for evidence. Instruction on methamphetamine manufacturing defense of being “briefly in” 1,000 feet of a park was properly rejected because the defendant was charged with dealing, not manufacturing, even though the charged was “grounded in manufacturing.”
Appeals
State v. Banks, No. 49A02-1303-CR-235, __ N.E.2d __ (Ind. Ct. App., Jan. 23, 2014).
Affirms trial court’s suppression of confession on the basis it was not voluntary.
A.N. v. K.G., No. 49A04-1212-PO-649__ N.E.2d __ (Ind. Ct. App., Jan. 21, 2014).
The trial court did not improperly act as an advocate in protective order proceedings.
Gaines v. State, No. 49A04-1303-CR-123, __ N.E.2d __ (Ind. Ct. App., Dec. 20, 2013).
Return of service for an ex parte protective order was not “testimonial” so that its admission as evidence did not violate the defendant’s Sixth Amendment Confrontation Clause right.
Jadrich v. State, No. 32A04-1302-CR-67, __ N.E.2d __ (Ind. Ct. App., Dec. 23, 2013).
Officer’s entry into back yard through closed fence gate, when signs said to “use front door only,” violated the Fourth Amendment; the fact that the officer was attempting to serve a protective order did not avoid the violation.