A person in police custody is not entitled to advisement of rights under Pirtle prior to police obtaining consent to conduct a Drug Recognition Exam (“DRE”).
Supreme
Wright v. State, No. 18S-CR-00166, __ N.E.3d __ (Ind., Oct. 4, 2018).
The trial court properly admitted defendant’s statements to police after an illegal search as the Court grafted the attenuation doctrine onto our Article 1, Section 11 jurisprudence as a natural limit to the exclusionary rule.
State v. Norfolk So. Railway Co., No. 18S-IF-193, __ N.E.3d __ (Ind., Sept. 24, 2018).
The Interstate Commerce Commission Termination Act preempts Indiana’s blocked-railroad crossing statute.
R.R. v. State, No. 18S-JV-230, __ N.E.3d __ (Ind., Sept. 13, 2018).
A juvenile has a right to be present at a fact-finding hearing under Ind. Code 31-32-5-1, unless waived by counsel; waived by parent, guardian, custodian, or guardian ad litem; or waived by the child.
Cox v. Evansville Police Dept., No. 18S-CT-447, __ N.E.3d __ (Ind., Sept. 13, 2018).
Cities may be liable under the respondeat superior scope-of-employment rule for sexual assaults by on-duty police officers, but the common-carrier exception does not apply.