Warrantless entry of curtilage, lengthy knock and talk, and residential entry violated juvenile’s Fourth Amendment rights.
R. Shepard
C.R. v. State, No. 50A03-1307-CR-297, __ N.E.3d __ (Ind. Ct. App., Apr. 23, 2014).
In this case, a police dog’s alert to the presence of narcotics in a vehicle gave an officer “probable cause to arrest and thus search the vehicle’s passenger.”
Co-Alliance, LLP v. Monticello Farm Service, Inc., No. 91A05-1312-PL-607, __ N.E.3d __ (Ind. Ct. App., April 23, 2014).
Adopts the majority rule on agreements to modify the priority of liens securing interests in a borrower’s assets.
Griffin v. State, No. 49A02-1212-CR-964, __ N.E.2d_ (Ind. Ct. App., Oct. 23, 2013).
When there is no indication of possible criminal activity, a citizen who walks away after a police officer orders him to stop does not commit the crime of resisting arrest by departing.
“[I]n the absence of statutory authority, a court may not impose community service in lieu of costs and fees.”
Cutler v. State, No. 71A05-1206-CR-339, __ N.E.2d __ (Ind. Ct. App., Feb. 21, 2013).
“[T]he State may impeach a testifying defendant by using a prior custodial statement that was indeed recorded but was not ‘available at trial’ as required by Evidence Rule 617 because neither defense counsel nor the prosecutor knew of its existence until trial was under way.”