Monday, December 01, 2014
Ind. Decisions - Transfer list for week ending November 28, 2014
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Here is the Clerk's transfer list for the week ending Friday, November 28, 2014. It is two pages (and 15 cases) long.
One transfer was granted last week:
- State of Indiana v. Brishen R. Vanderkolk - This is a June 11th split opinion:
Sr. Judge Barteau writes, in the now vacated ruling:
Community corrections officers searched home detention participant Jordan Sullivan’s residence and found contraband in the bedroom of his roommate Brishen Vanderkolk. Upon being charged with several offenses, Vanderkolk filed a motion to suppress. Evidence at the hearing showed that Sullivan had signed a waiver of his Fourth Amendment rights before beginning home detention and that the officers searched his residence to ensure he was complying with the program. The officers did not testify as to any reports of suspicious activity. The trial court granted the motion to suppress.
Caselaw from the U.S. Supreme Court as well as our Indiana courts leads us to conclude that Sullivan did not completely waive his Fourth Amendment rights. Because the Fourth Amendment required reasonable suspicion for the search, we affirm the court’s grant of Vanderkolk’s suppression motion. * * *
Because the search was not supported by reasonable suspicion, we conclude that Vanderkolk’s Fourth Amendment rights were violated. * * *
We therefore affirm the suppression.
BAILEY, J., concurs in result with separate opinion.
KIRSCH, J., dissents without opinion.
Posted by Marcia Oddi on December 1, 2014 10:02 AM
Posted to Indiana Transfer Lists