An officer who affirms that they detect the odor of raw marijuana based on their training and experience may establish probable cause without providing further details on their qualifications to recognize said odor.
M. Massa
City of Marion v. London Witte Group, No. 20S-MI-00567, __ N.E.3d __ (Ind., June 17, 2021).
The Indiana Supreme Court adopts the equitable tolling doctrine of adverse domination when intentional wrongdoing is alleged.
State v. Timbs, 20S-MI-289, __ N.E.3d __ (Ind., June 10, 2021).
The excessiveness test announced in State v. Timbs, 134 N.E.3d 12 (Ind. 2019), has two dimensions: instrumentality and proportionality. Instrumentality is not at issue in here because Timbs acknowledged that he used the forfeited vehicle to traffic heroin. As to proportionality, courts must look to whether the forfeiture is grossly disproportionate to the gravity of the offenses and the claimant’s culpability. This inquiry turns on three factors: the culpability of the claimant for misusing the forfeited property, the harshness of the forfeiture, and the gravity of the claimant’s underlying offenses.
Combs v. State, 20S-CR-616, __ N.E.3d __ (Ind., June 3, 2021).
The plain view exception to the warrant requirement may justify the seizure of a vehicle believed to be the fruit, instrumentality, or evidence of a crime provided that police are lawfully in a position from which to view the vehicle, its incriminating character is immediately apparent, and police have a lawful right of access to the vehicle.
City of Bloomington Board of Zoning Appeals v. UJ-Eighty Corp., No. 21S-PL-77, __ N.E.3d __ (Ind., Feb. 23, 2021).
City did not delegate zoning authority to university, but defined fraternities and sororities in zoning law based on their relationship with the university.