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Friday, January 16, 2015

Ind. Decisions - Court of Appeals issues 2 today (and 1 NFP)

For publication opinions today (1):

In K.B. and M.B. (Minor Children), and M.W. B. (Father) v. The Indiana Department of Child Services, an 18-page opinion, Judge Riley concludes:

In light of the foregoing, we conclude that the trial court’s Order adjudicating Children as CHINS is not erroneous.
In Michael White v. State of Indiana, a 10-page opinion, Judge Riley concludes:
We conclude that although the underlying arrest constituted a misdemeanor, the strip search incident to White’s arrest was justified because of the officers’ reasonable suspicion that weapons or contraband would be introduced into the jail due to the lingering odor of marijuana which engulfed White even after having been transported to the APC. See Bell v. State, 13 N.E.3d 543, 546 (Ind. Ct. App. 2014), trans. denied (noting that the odor of raw marijuana indicates that it has not been smoked and therefore still may be in the defendant’s possession). The strip search did not violate White’s Fourth Amendment rights.2
NFP civil opinions today (0):

NFP criminal opinions today (1):

James Lee Atwood v. State of Indiana (NFP)

Posted by Marcia Oddi on January 16, 2015 10:04 AM
Posted to Ind. App.Ct. Decisions