The testimony of a police officer, by itself, that he was acting as an agent of the property owner is insufficient to establish that the officer was in fact an agent of the owner. Therefore, a police officer who is neither an owner of a property nor an agent of an owner of a property cannot create a trespass violation by asking a patron to leave and then arrest the patron when they refuse to do so.
E. Tavitas
In re Civil Commitment of G.H., No. 23A-MH-490, __ N.E.3d __ (Ind. Ct. App., Aug. 4, 2023).
Trial court did not have the proof necessary to impose a special condition on an involuntary commitment to outpatient therapy when there was no reasonable relationship between the special condition and respondent’s treatment and safety or that of the general public.
AgReliant Genetics, LLC v. Gary Hamstra Farms, Inc., No. 22A-CC-1827, __N.E.3d __ (Ind. Ct. App., July 12, 2023).
Trial court properly considered the prior course of dealing between the parties in determining whether the plaintiffs established the elements of promissory estoppel.
Clark v. State, No. 22A-CR-2421, __N.E.3d __ (Ind. Ct. App., April 25, 2023).
In the entrapment context, apparent agency does not depend on the principal’s express or implied authorization for the agent to act on the principal’s behalf; rather, apparent agency exists when a principal’s manifestations induce a third party to reasonably believe there is a principal-agent relationship.
Crabtree v. State, No. 21A-CR-2752, __ N.E.3d __ (Ind. Ct. App., Dec. 1, 2022).
Terry-level reasonable suspicion is not an absolute necessity for a dog sniff of a hotel-room door. The degree of suspicion is just one factor to be considered under the general Litchfield balancing test.