Published by the Indiana Judicial Center
There is no Due Process right to access lost or destroyed evidence, here DNA evidence, during post-conviction proceedings.
Trial delays caused by toxicology witness’s repeated failures to appear for defense deposition were properly counted against the State in computing the Criminal Rule 4(C) one-year period.
When the State had seized considerable sums from defendant’s safe deposit boxes, the adverse effect flight would have on his ability to recover the money was a factor the court should have given some weight to in setting bail.
Police using a drug dog at a home’s front door was a Fourth Amendment search.
Police placement of a GPS device in a package opened by UPS did not violate the Fourth Amendment, but police use of a “parcel wire” to monitor the opening of the package once defendant had taken it into his home was an illegal search under the Fourth Amendment; police could not enter the home without a warrant under the “exigent circumstances” exception because the exigent circumstances – the wire’s alert that the package was opening – were the result of their Fourth Amendment violation.
Jane Seigel, Executive Director
Michael J. McMahon, Director of Research
Amanda Wishin, Staff Attorney
30 South Meridian Street, Suite 900
Indianapolis, Indiana 46204
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