Officer did not violate Fourth Amendment or Indiana Constitution by having defendant drive his truck two miles down the road to a gas station to continue the investigatory stop made on reasonable suspicion, when the truck was blocking the single lane of traffic, it was raining, and the defendant’s driving posed no severe risks.
Appeals
Stark v. State, No. 49A05-1104-CR-152, __ N.E.2d __ (Ind. Ct. App., Jan. 31, 2012).
Although jacket possessor was out of vehicle and handcuffed, officer’s search of the jacket in the car did not violate Arizona v. Gant when three occupants remained in the vehicle, suspect had acted suspiciously about the jacket, and car was in high crime area.
Anderson v. State, No. 49A05-1105-CR-243, __ N.E.2d __ (Ind. Ct. App., Jan. 31, 2012).
DNA felony conviction swab statute’s “mistake” exception applied to probation officer’s taking of cheek swab from defendant when abstract of judgment officer had indicated a D felony conviction, with no mention of alternative misdemeanor sentencing.
Bowling v. State, No. 35A04-1107-CR-407, __ N.E.2d __ (Ind. Ct. App., Jan. 24, 2012).
Guilty plea judge’s failure to advise defendant of right to appeal sentence did not make agreed waiver of the right to appeal open plea sentence unenforceable, when record showed defendant had read the waiver agreement, gone over it with defense counsel, and agreed to it.
Long v. State, No. 49A02-1105-CR-381, __ N.E.2d __ (Ind. Ct. App., Jan. 25, 2012).
Master commissioner, given the same statutory authority as a magistrate, was accordingly not authorized to impose sentence following a guilty plea.