To prove constructive possession, the State must demonstrate that the person has (1) the capability to maintain dominion and control over the item; and (2) the intent to maintain dominion and control over it.
E. Tavitas
State v. Ellis, No. 20A-CR-61, __ N.E.3d __ (Ind. Ct. App., Aug. 10, 2020).
Community corrections participants “who have consented or been clearly informed that the conditions of their…community corrections program unambiguously authorize warrantless and suspicionless searches may thereafter be subject to such searches during the period of their . . . community corrections status.”
Combs v. State, No. 19A-CR-1991, __ N.E.3d __ (Ind. Ct. App., Jul. 9, 2020).
An inventory search must serve a legitimate administrative purpose and not be a pretext for an investigatory warrantless search.
Giden v. State, No. 19A-CR-2891, __ N.E.3d __ (Ind. Ct. App., June 24, 2020).
The escape statute does not violate the Proportionality Clause of the Indiana Constitution.
Wahl v. State, No. 19A-CR-2258, __ N.E.3d __ (Ind. Ct. App., May 12, 2020).
Video reenactment may be taken with consent and questions during such reenactment due not amount to custodial interrogation where the officer’s inquiry is merely general on-the-scene questioning as to facts surrounding a crime or other general questioning of citizens in the fact-finding process.