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Tuesday, June 09, 2015

Ind. Decisions - Supreme Court issues second opinion today

In State of Indiana v. Brishen R. Vanderkolk, an 8-page, 5-0 opinion, Justice Dickson writes:

A probationer or community corrections participant may, by a valid advance consent or search term in the conditions of release, authorize a warrantless search of his or her premises without reasonable suspicion. Because the search term in this case informed the participant that he was consenting only to searches made upon probable cause, we reverse the partial denial of the defendant's motion to suppress. * * *

A probationer or community corrections participant may, pursuant to a valid search condition or advance consent, authorize a warrantless premises search without reasonable suspicion. Here, community corrections officers conducted a warrantless and suspicionless search of the residence of a home detention participant who had agreed to written conditions of his participa-tion that consented only to searches upon probable cause, which was admittedly wholly lacking in this case. We find that all of the evidence seized from the compliance search, including evi-dence attributable to the defendant, was thus the result of an improper entry and search in viola-tion of the Fourth Amendment. We reverse the trial court order denying in part the defendant's motion to suppress and remand with instructions to grant the motion to suppress in its entirety.

Rush, C.J., and David and Massa, JJ., concur.
Rucker, J. concurs in result.

Posted by Marcia Oddi on June 9, 2015 03:54 PM
Posted to Ind. Sup.Ct. Decisions