State has the burden to demonstrate the reasonableness of a warrantless search in light of three factors: 1) the degree of concern, suspicion, or knowledge that a violation has occurred, 2) the degree of intrusion the method of the search or seizure imposes on a citizen’s ordinary activities, and 3) the extent of law enforcement needs.
Supreme
McNeal v. State, No. 49S05-1706-CR-405, __ N.E.3d __ (Ind., June 20, 2017).
Supreme Court vacated a portion of the Court of Appeals’ opinion discussing the community caretaking exception to the Fourth Amendment’s warrant requirement.
Snow v. State, No. 45S03-1703-CR-169, __ N.E.3d __ (Ind., June 22, 2017).
Res gestae is no longer a proper basis for admitting evidence; instead, admissibility is determined under Indiana’s Rules of Evidence.
Harris v. State, No. 45S03-1703-CR-172, __ N.E.3d __ (Ind., June 22, 2017).
Although properly admitted evidence was not relevant to his alleged crimes at a joint trial, defendant waived his fair trial argument because he never moved for a separate trial and he first raised the issue at oral argument.
Hurley v. State, No. 49S05-1705-CR-346, __ N.E.3d __ (Ind., May 31, 2017).
Unless an individual clearly manifests an unwillingness to submit to a breathalyzer, a law-enforcement officer must administer a second test if the first returns an “insufficient sample” message.