Fourth Amendment rule on search incident to arrest permitted officer to open container found on defendant’s person, but opening the container was an unreasonable search under Indiana Constitution, Article 1, Section 11.
T. Crone
Esmond v. State, No. 56A05-1404-CR-163, __ N.E.2d __ (Ind. Ct. App., Nov. 13, 2014).
Defendant found incompetent to stand trial was not entitled to have counsel present during an insanity defense psychiatric examination by the State’s mental health expert.
Withers v. State, No. 48A02-1403-CR-130, __ N.E.3d __ (Ind. Ct. App., Aug. 26, 2016).
In hearing to terminate drug court placement, trial court properly took judicial notice of notes of attendance reports in Drug Court file under Evidence Rule 201(b)(5), authorizing judicial notice of “records of a court of this state.”
Bell v. State, No. 49A02-1312-CR-1026, __ N.E.3d __ (Ind. Ct. App., Jul. 28, 2014).
Odor on a person of raw marijuana, like the smell of burnt marijuana, suffices to provide probable cause that the person possesses marijuana.
Willis v. State, No. 49A02-1310-CR-854, __ N.E.3d __ (Ind. Ct. App., July 11, 2014).
Affirms criminal trespass conviction based on evidence defendant was seen running near the scene of the alleged crime not long after a security alarm was activated and voices and noises were heard inside the premises.