Fourth Amendment warrant requirement (Indiana) · Go Syfert
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Fourth Amendment warrant requirement in Indiana

18 Indiana opinions name it 2 courts 1981–2025 1 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
United States v. Anthony J. Dichiarintegreen
ca7 · 1971 · cited in 2 Indiana opinions naming this issue, 1999–2001
2 sentences

2001Covelli v. State, 579 N.E.2d 466, 472 (Ind.Ct.App.1991), trans. denied (citing United States v. Dichiannte, 445 F.2d 126, 129-30 (7th Cir.1971)).

1999Covelli v. State, 579 N.E.2d 466, 472 (Ind.Ct.App.1991) (citing United States v. Dichiarinte, 445 F.2d 126, 129-30 (7th Cir.1971)), trans. denied.

22
Covelli v. Stategreen
indctapp · 1991 · cited in 2 Indiana opinions naming this issue, 1999–2001
2 sentences

2001Covelli v. State, 579 N.E.2d 466, 472 (Ind.Ct.App.1991), trans. denied (citing United States v. Dichiannte, 445 F.2d 126, 129-30 (7th Cir.1971)).

1999Covelli v. State, 579 N.E.2d 466, 472 (Ind.Ct.App.1991) (citing United States v. Dichiarinte, 445 F.2d 126, 129-30 (7th Cir.1971)), trans. denied.

22
Myers v. Stategreen
ind · 2005 · cited in 2 Indiana opinions naming this issue, 2008–2014
2 sentences

2014Myers v. State, 839 N.E.2d 1146 (Ind. 2005).

2008Masterson v. State, 843 N.E.2d 1001, 1004 (Ind.Ct.App.2006), trans. denied; see Myers v. State, 839 N.E.2d 1146, 1152 (Ind.2005).

12
Pinkney v. Stategreen
indctapp · 2001 · cited in 2 Indiana opinions naming this issue, 2003–2010
2 sentences

2010Pink-mey v. State, 742 N.E.2d 956, 960 (Ind.Ct.

2003Pinkney, 742 N.E.2d at 959 .

12
Patrick Austin v. State of Indianagreen
ind · 2013 · cited in 1 Indiana opinions naming this issue, 2020–2020
1 sentence

2020See also Austin v. State, 997 N.E.2d 1027, 1034 (Ind. 2013) (quoting Duran v. State, 930 N.E.2d 10, 17 (Ind. 2010)) (“‘[W]e focus on the actions of 4Because we find that the officers searched Hardin’s vehicle pursuant to the warrant, we do not address Hardin’s alternate argument concerning the automobile exception to the Fourth Amendment warrant requirement. the police officer,’ and employ a totality-of-the-circumstances test to evaluate the reasonableness of the officer’s actions.”).

11
Duran v. Stategreen
ind · 2010 · cited in 1 Indiana opinions naming this issue, 2020–2020
1 sentence

2020See also Austin v. State, 997 N.E.2d 1027, 1034 (Ind. 2013) (quoting Duran v. State, 930 N.E.2d 10, 17 (Ind. 2010)) (“‘[W]e focus on the actions of 4Because we find that the officers searched Hardin’s vehicle pursuant to the warrant, we do not address Hardin’s alternate argument concerning the automobile exception to the Fourth Amendment warrant requirement. the police officer,’ and employ a totality-of-the-circumstances test to evaluate the reasonableness of the officer’s actions.”).

11
State v. Kramergreen
wis · 2009 · cited in 1 Indiana opinions naming this issue, 2016–2016
2 sentences

2016Observing that numerous other state courts have adopted the community caretaking function as an exception to the Fourth Amendment warrant requirement in various situations beyond inventory searches of vehicles, those panels each adopted, as do we, a three-pronged analysis for evaluating claims of police community caretaking functions as set out by the Wisconsin Supreme Court in State v. Kramer, 315 Wis.2d 414 , 759 N.W.2d 598, 605 (2009).

2016Observing that numerous other state courts have adopted the community caretaking function as an exception to the Fourth Amendment warrant requirement in various situations beyond inventory searches of vehicles, those panels each adopted, as do we, a three-pronged analysis for evaluating claims of police community caretaking functions as set out by the Wisconsin Supreme Court in State v. Kramer, 315 Wis.2d 414 , 759 N.W.2d 598, 605 (2009).

11
Cady v. Dombrowskigreen
scotus · 1973 · cited in 1 Indiana opinions naming this issue, 2016–2016
2 sentences

2016See *435 Cady, 413 U.S. at 441 , 93 S.Ct. 2523 .

2016See *435 Cady, 413 U.S. at 441 , 93 S.Ct. 2523 .

11
Berry v. Stategreen
indctapp · 1990 · cited in 1 Indiana opinions naming this issue, 2014–2014
1 sentence

2014In addition, the United States Supreme Court has held that “a school official’s search of a student is not subject to the fourth amendment warrant requirement and does not require the same degree of suspicion that constitutes probable cause.” Berry v. State, 561 N.E.2d 832, 837 (Ind.Ct.App.1990) (citing New Jersey v. T.L.O., 469 U.S. 325, 340-41 , 105 S.Ct. 733 , 83 L.Ed.2d 720 (1985)). “ ‘Rather, the legality of a search of a student should depend simply on the reasonableness, under all the circumstances, of the search.’ ” Id. (quoting T.L.O., 469 U.S. at 341 , 105 S.Ct. 733 ).

11
Masterson v. Stategreen
indctapp · 2006 · cited in 1 Indiana opinions naming this issue, 2008–2008
1 sentence

2008Masterson v. State, 843 N.E.2d 1001, 1004 (Ind.Ct.App.2006), trans. denied; see Myers v. State, 839 N.E.2d 1146, 1152 (Ind.2005).

11
Michigan Department of State Police v. Sitzgreen
scotus · 1990 · cited in 1 Indiana opinions naming this issue, 2000–2000
2 sentences

2000See Michigan Dep’t of State Police v. Sitz, 496 U.S. 444 , 110 S.Ct. 2481 , 110 L.Ed.2d 412 (1990) (“Sitz I ”).

2000See Michigan Dep’t of State Police v. Sitz, 496 U.S. 444 , 110 S.Ct. 2481 , 110 L.Ed.2d 412 (1990) (“Sitz I ”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Buckley v. State green
indctapp · 2003
2 sentences

2020Id.

2004Id.

22004–2020
Mitchell v. Wisconsin green
scotus · 2019
2 sentences

2025The Supreme Court granted certiorari “to decide ‘[w]hether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement.’” Id. at 846 , 139 S. Ct. at 2532 (quoting Petition for Certiorari at ii). [26] In the opening paragraphs, the Court indicated that it considered “what police officers may do in a narrow but important category of cases: those in which the driver is unconscious and therefore cannot be given a breath test.” Id. at 843 , 139 S. Ct. at 2531 .

2025The Supreme Court granted certiorari “to decide ‘[w]hether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement.’” Id. at 846 , 139 S. Ct. at 2532 (quoting Petition for Certiorari at ii). [26] In the opening paragraphs, the Court indicated that it considered “what police officers may do in a narrow but important category of cases: those in which the driver is unconscious and therefore cannot be given a breath test.” Id. at 843 , 139 S. Ct. at 2531 .

12025–2025
United States v. Knights green
scotus · 2001
1 sentence

2019Id. at 117 .

12019–2019
Justice v. State green
indctapp · 2002
1 sentence

2015Id. [21] One exception to the Fourth Amendment warrant requirement allows police to dispense with obtaining a warrant if there are exigent circumstances— specifically where “‘the exigencies of the situation’ make the needs of law enforcement so compelling that the warrantless search is objectively reasonable under the Fourth Amendment.’” Holder, 847 N.E.2d at 936 -37 (quoting Mincey v. Arizona, 437 U.S. 38 , 394 (1978)).

12015–2015
Holder v. State green
ind · 2006
1 sentence

2015Id. [21] One exception to the Fourth Amendment warrant requirement allows police to dispense with obtaining a warrant if there are exigent circumstances— specifically where “‘the exigencies of the situation’ make the needs of law enforcement so compelling that the warrantless search is objectively reasonable under the Fourth Amendment.’” Holder, 847 N.E.2d at 936 -37 (quoting Mincey v. Arizona, 437 U.S. 38 , 394 (1978)).

12015–2015
New Jersey v. T. L. O. green
scotus · 1985
2 sentences

2014In addition, the United States Supreme Court has held that “a school official’s search of a student is not subject to the fourth amendment warrant requirement and does not require the same degree of suspicion that constitutes probable cause.” Berry v. State, 561 N.E.2d 832, 837 (Ind.Ct.App.1990) (citing New Jersey v. T.L.O., 469 U.S. 325, 340-41 , 105 S.Ct. 733 , 83 L.Ed.2d 720 (1985)). “ ‘Rather, the legality of a search of a student should depend simply on the reasonableness, under all the circumstances, of the search.’ ” Id. (quoting T.L.O., 469 U.S. at 341 , 105 S.Ct. 733 ).

2014In addition, the United States Supreme Court has held that “a school official’s search of a student is not subject to the fourth amendment warrant requirement and does not require the same degree of suspicion that constitutes probable cause.” Berry v. State, 561 N.E.2d 832, 837 (Ind.Ct.App.1990) (citing New Jersey v. T.L.O., 469 U.S. 325, 340-41 , 105 S.Ct. 733 , 83 L.Ed.2d 720 (1985)). “ ‘Rather, the legality of a search of a student should depend simply on the reasonableness, under all the circumstances, of the search.’ ” Id. (quoting T.L.O., 469 U.S. at 341 , 105 S.Ct. 733 ).

12014–2014
Middleton v. State green
ind · 1999
1 sentence

2009Our Supreme Court made a similar holding barring warrantless re-entry of a residence by police in Middleton v. State, 714 N.E.2d 1099 (Ind.1999).

12009–2009
Mincey v. Arizona green
scotus · 1978
2 sentences

2009This holding falls in line with the U.S. Supreme Court's decision in Mincey v. Arizona that held that there is no murder seene exception to the Fourth Amendment warrant requirement, See Mincey v. Arizona, 437 U.S. 385, 393-894 , 98 S.Ct. 2408 , 57 L.Ed.2d 290 (1978).

2009This holding falls in line with the U.S. Supreme Court's decision in Mincey v. Arizona that held that there is no murder seene exception to the Fourth Amendment warrant requirement, See Mincey v. Arizona, 437 U.S. 385, 393-894 , 98 S.Ct. 2408 , 57 L.Ed.2d 290 (1978).

12009–2009
Smith v. State green
ind · 1971
2 sentences

1981Smith v. State (1971), 256 Ind. 603 , 271 N.E.2d 133 .

1981Smith v. State (1971), 256 Ind. 603 , 271 N.E.2d 133 .

11981–1981

Statutes the citing opinions construe

IN § Ind. Code § 35-48-4-11 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 281 (1976–2026) TX 99 (1982–2026) ID 33 (1982–2026) TN 28 (1981–2026) CA 25 (1974–2024) MO 24 (1970–2025) WA 22 (1975–2022) VA 20 (1982–2026) PA 19 (1973–2025) IN 18 (1981–2025) IL 17 (1979–2026) WI 17 (1993–2024) MD 16 (1984–2022) NJ 13 (1978–2024) FL 12 (1979–2025) MI 11 (1974–2024) MS 10 (1981–2015) NY 10 (1980–2021) IA 10 (1978–2021) MN 9 (1986–2025) AZ 8 (1978–2026) DC 8 (1981–2025) AL 7 (1979–1994) OR 7 (1982–2016) CO 7 (1983–2024) UT 7 (1985–2024) SC 6 (1980–2020) OK 5 (1990–2016) CT 5 (1980–2025) NC 4 (2015–2018) WY 4 (1983–2001) MA 4 (1982–1999) ND 4 (2008–2017) SD 4 (1978–2014) RI 3 (1978–2014) NV 3 (1981–2022) KS 3 (2020–2024) MT 3 (1982–2021) HI 3 (1981–2015) ME 2 (2009–2010) WV 2 (1989–2023) LA 2 (1986–1987) NM 2 (1994–2004)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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