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.
M. Barnes
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.
Johnson v. State, No. 71A04-1103-CR-194, __ N.E.2d __ (Ind. Ct. App., Nov. 21, 2011).
Indiana probationer, placed in Michigan under Interstate Compact, could not avoid revocation by arguing his arrest and return for probation violation did not comply with Compact provision on probable cause hearing after retaking.
In re: The Order of Contempt Against Benson, et al v. Co-Alliance, LLP, No. 55A04-1010-CC-64, ___ N.E.2d ___ (Ind. Ct. App., Sept. 6, 2011)
Trial court had jurisdiction to order an attorney to pay funds for attorney’s contempt in an action stayed by the bankruptcy court because the funds paid were not property of the bankruptcy estate, but the attorney’s personal money and for damages resulting from the attorney’s contempt.
Coleman v. State, No. 49A02-1101-CR-12, __ N.E.2d __ (Ind. Ct. App., Aug. 26, 2011).
For purpose of the consecutive sentencing statute, a conspiracy to commit a “crime of violence” is not itself a “crime of violence.”