In a probation revocation, the trial court must apply the preponderance standard in determining whether a new offense was committed; points out that a line of Court of Appeals decisions saying probable cause is the standard failed to note the 1983 statutory change requiring preponderance.
Appeals
Bryant v. State, No. 45A03-1101-CR-11, __ N.E.2d __ (Ind. Ct. App., Dec. 20, 2011).
Suspect, arrested driving his car for resisting arrest after he failed to stop the car earlier, was properly strip-searched at the arrest site for drugs when officers had reasonable suspicion he was concealing contraband on his person.
McCloud v. State, No. 49A05-1102-CR-77, __ N.E.2d __ (Ind. Ct. App., Dec. 20, 2011).
Neither the Interstate Agreement on Detainers nor the writ of habeas corpus ad prosequendum procedures applied to defendant while he was in federal custody for ten months; Criminal Rule 4 consequently was applicable, and the time the defendant was in federal custody was attributable to the defendant under the Criminal Rule 4(C) one-year rule.
Clark v. State, No. 48A04-1104-CR-249, __ N.E.2d __ (Ind. Ct. App., Dec. 5, 2011).
When probation is transferred to another county, the forty-five day filing deadline for a revocation in I.C. 35-38-2-3(a)(2)(B) begins when the receiving court with supervisory authority has notice of the violation, and not when the sentencing court first learns of the violation.
Jones v. State, No. 34A05-1101-CR-66, __ N.E.2d __ (Ind. Ct. App., Dec. 5, 2011).
Police substantially complied with statute on destruction of hazardous chemicals so that photographs and other evidence of the chemicals was properly admitted at trial.