Case Law Update

4th Amendment

Navarette v. California, SCOTUS April 22, 2014

Under the totality of the circumstances, which began when an anonymous 911 caller reported that a vehicle had run her off the road, police officer had reasonable suspicion that the driver was intoxicated so that officer’s traffic stop complied with the Fourth Amendment.

Richard v. State, Ind. Ct. App. April 23, 2014

A police dog’s alert to the presence of narcotics in a vehicle is enough to give an officer probable cause to arrest and search the vehicle’s passenger.

Criminal Law 

Wilhoite v. State, Ind. Ct. App. April 23, 2014

There is no crime of conspiracy to commit an attempt to commit a crime.  (Read that 5 times fast.)

Expungement

Taylor v. State, Ind. Ct. App. April 24, 2014

Trial court cannot deny an expungement based on a victim’s statement.

Custody Modification

Bailey v. Bailey, Ind. Ct. App. April 22, 2014

A trial court cannot modify custody when neither party requests a modification of custody.

Adoption

In re B.C.H. Ind. Ct. App. April 22, 2014

Grandparents were found to not be lawful custodians as statutorily required for notice and consent of their grandchild’s adoption.

 

 

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