Affirms the jury’s $14.5 million verdict on the defendant’s defamation counterclaim.
State Farm Fire & Cas., Co. v. Radcliff, No. 29A04-1111-CT-571, __ N.E.2d __ (Ind. Ct. App., Apr. 11, 2013).
“[T]he Indiana school voucher program, the Choice Scholarship Program, is within the legislature’s power under Article 8, Section 1, and that the enacted program does not violate either Section 4 or Section 6 of Article 1 of the Indiana Constitution.
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.
“[T]he State is without authority to appeal a juvenile court’s order withdrawing its approval of the filing of a delinquency petition.”