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Monday, December 05, 2016

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 4 NFP memorandum decision(s))

For publication opinions today (1):

In Andre Anderson v. State of Indiana , a 9-page opinion, Judge May writes:

Andre Anderson appeals the admission at trial of a handgun found pursuant to a search of his car following his arrest. We reverse. * * *

[Search Incident to Lawful Arrest] As the U.S. Supreme Court has not spoken on this issue since Gant, we are constrained to hold in accordance therewith that the search of Anderson’s jacket incident to his arrest was unconstitutional because the police unlawfully entered the passenger compartment of Anderson’s car to access the jacket. See Gant, 556 U.S. at 335. * * *

[Inventory Search] While the police department has a procedure in place to tow vehicles, nothing produced at trial demonstrates Officer Heiny followed that procedure. This search, therefore, does not fall within the inventory search exception because Officer Heiny did not follow procedures set out by the Indianapolis Metropolitan Police Policy. See Friend v. State, 858 N.E.2d 646, 652 (Ind. Ct. App. 2006) (to comply with reasonableness standards, an inventory search must comply with “standard police procedures”).

[Conclusion] The search of Anderson’s jacket was not lawful as a search incident to arrest or an inventory search; thus, the trial court abused its discretion when it admitted the handgun into evidence. Accordingly, we reverse Anderson’s conviction of Level 5 felony carrying a handgun without a license with a prior conviction. Reversed.

NFP civil decisions today (1):

In the Matter of: K.S. (Minor Child), and C.S. (Father) v. The Ind. Dept. of Child Services (mem. dec.)

NFP criminal decisions today (3):

Jerry D. Thompson v. State of Indiana (mem. dec.)

Brian J. Christlieb v. State of Indiana (mem. dec.)

Jason Eugene Shaw v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on December 5, 2016 11:49 AM
Posted to Ind. App.Ct. Decisions