Police officer in full uniform working as a private security guard was acting as a law enforcement officer under the circumstances of the case; officer making a Terry frisk could remove sharp object from defendant’s pocket, but when officer realized object was a pen cap and not a weapon he could not take the plastic bag he observed in the cap out and inspect its contents, even though he testified bags in such caps were often used, in his experience, to store narcotics.
Appeals
Burton v. State, No. 45A03-1201-CR-6, __ N.E.2d __ (Ind. Ct. App., Nov. 8, 2012).
Indiana ex post facto law prohibits application of the sex offender registration laws to a resident convicted of a sex offense in another state before the enactment of both that state’s and Indiana’s registration acts.
Killibrew v. State, No. 34A02-1204-CR-303, __ N.E.2d __ (Ind. Ct. App., Oct. 19, 2012)
“[C]ontinuous use of a turn signal without turning or switching lanes” is not a traffic infraction and did not suggest impairment which would justify an investigatory stop.
Black v. Huck, No. 79A04-1202-CT-61, ___ N.E.2d ___ (Ind. Ct. App., Oct. 17, 2012).
DCS is entitled to statutory immunity as to all of the parties’ claims except for fraud. Under the facts of this case, extended family members had a liberty interest in their relationship with child such that they had standing to bring suit.
Garcia v. State, No. 20A04-1202-CR-257, __ N.E.2d __ (Ind. Ct. App., Oct. 9, 2012).
For purposes of C felony criminal recklessness by shooting a firearm into a “place where people are likely to gather,” a motor vehicle can be such a “place.”