[T]he Indiana Constitution does not require prior judicial authorization for the execution of a warrant without knocking and announcing when justified by exigent circumstances known by police when the warrant was obtained,” although obtaining such prior judicial authorization is the better police practice.
Supreme
Wilkins v. State, No. 02S03-1010-CR-604, __ N.E.2d __ (Ind., May 10, 2011)
Police had sufficient reasons to execute search warrant without knocking and announcing, and in any event the Fourth Amendment exclusionary rule is not applied to decisions not to knock and announce.
City of Indianapolis, et al v. Armour, et al, No. 49S02-1007-CV-402, ___ N.E.2d ___ (Ind., May 10, 2011)
A city resolution which only forgave outstanding assessment balances, and did not refund assessment money to those that paid the assessment, does not violate the Equal Protection Clause of the Fourteenth Amendment because it was rationally related to a legitimate governmental interest.
Serrano v. State, No. 02S03-1104-CV-241, __ N.E.2d __ (Ind., Apr. 27, 2011)
Civil forfeiture evidence failed to establish by the required preponderance that the truck subject to the action had been used in furtherance of the driver’s drug possession or for the purpose of drug possession.
Love v. Rehfus, No. 30S01-1004-CV-162, ___ N.E.2d ___ (Ind., April 21, 2011)
A firefighter’s private email supporting a political candidate running for township trustee to a small group of citizens was protected public-employee speech under the Garcetti-Connick-Pickering test, and the fire chief was not justified in treating the firefighter differently from any other member of the general public and terminating his position.