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7 Indiana opinions name it 1 courts 1997–2009 0 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.
| Case | Followed | Cited |
|---|---|---|
Mers v. Stategreen2 sentences2009Hopkins v. State, 582 NE.2d 345, 351 (Ind.1991) ("[The federal good-faith exception enunciated in [Leon ] has been held applicable to the prohibition of unreasonable search and seizure found in art. 1, § 11 of the Indiana Constitution."); Mers v. State, 482 N.E.2d 778, 783 (Ind.Ct.App.1985) (holding that "[blecause the Indiana exclusionary rule has historical ties to the federal rule, and because [the Indiana constitution] contains substantially identical language as the [FJourth [AJmendment, we fail to find any compelling reason for rejecting the Leon good faith exception in Indiana. . .. 2006Mers v. State, 482 N.E.2d 778, 783 (Ind.Ct.App.1985) ("Because the Indiana exclusionary rule has historical ties to the federal rule, and because Article I, Section 11 of the Indiana Constitution contains substantially identical language as the fourth amendment, we fail to find any compelling reason for rejecting the Leon good faith exception in Indiana, at least until such time as experience convinces us that the exception is unworkable or subject to abuse."). 5 . | 4 | 4 |
People v. Leonardgreen1 sentence2006The court stated, "IwJhile police officers may be trained to scan the affidavit to verify the existence of probable cause to search, they are not expected to be legal scholars, grammarians or proofreaders." Id. at 849. | 1 | 1 |
Thompson v. Stategreen2 sentences2006Seventy-five years ago, in Thompson v. State, 190 Ind. 363, 367 , 130 N.E. 412, 413 (1921), our supreme court interpreted a different warrant statute and held that an "affidavit sworn to before the judge," but not filed with the court until two weeks after a warrant was issued and served "was not supported by 'oath or affirmation' as required by the [Indiana] constitutional provision against unreasonable search and seizure, and was illegal." We are unaware, however, of any Indiana case that has addressed whether the Leon good faith exception applies to a search warrant issued without an oath o 2006Seventy-five years ago, in Thompson v. State, 190 Ind. 363, 367 , 130 N.E. 412, 413 (1921), our supreme court interpreted a different warrant statute and held that an "affidavit sworn to before the judge," but not filed with the court until two weeks after a warrant was issued and served "was not supported by 'oath or affirmation' as required by the [Indiana] constitutional provision against unreasonable search and seizure, and was illegal." We are unaware, however, of any Indiana case that has addressed whether the Leon good faith exception applies to a search warrant issued without an oath o | 1 | 1 |
Everroad v. Stategreen2 sentences2003In such instance it cannot be said that the executing officer is acting in "good faith." See Everroad v. State, 570 N.E.2d 38, 57 (Ind.Ct.App.1991) (Sullivan, J., concurring in part and dissenting in part), superseded by Everroad v. State, 590 N.E.2d 567 (Ind.1992) (holding that search warrant was fatally taint ed and without probable cause and therefore not discussing, except by implication, the issue of a Leon good faith exception). . - Frasier argues that the good faith exception embodied in LC. § 35-37-4-5(b)(1)(B) is inapplicable because there was no statute, precedent, or court rule whic 2003In such instance it cannot be said that the executing officer is acting in "good faith." See Everroad v. State, 570 N.E.2d 38, 57 (Ind.Ct.App.1991) (Sullivan, J., concurring in part and dissenting in part), superseded by Everroad v. State, 590 N.E.2d 567 (Ind.1992) (holding that search warrant was fatally tainted and without probable cause and therefore not discussing, except by implication, the issue of a Leon good faith exception). [7] Frasier argues that the good faith exception embodied in I.C. § 35-37-4-5(b)(1)(B) is inapplicable because there was no statute, precedent, or court rule whic | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Fabio A. Diaz v. Daniel R. McBride 1
green
1 sentence2003Be that as it may, it is the good faith exception contained in Section 5(b)(1)(A) which is applicable here. [8] The same result was reached by the Seventh Circuit Court of Appeals in the unpublished case of Kykta v. Washington, 107 F.3d 873 (table), 1997 WL 58860 (7th Cir. Feb.5, 1997). [9] Frasier briefly contends in a footnote that any search of the computer was improper. | 1 | 2003–2003 |
Everroad v. State
green
2 sentences2003In such instance it cannot be said that the executing officer is acting in "good faith." See Everroad v. State, 570 N.E.2d 38, 57 (Ind.Ct.App.1991) (Sullivan, J., concurring in part and dissenting in part), superseded by Everroad v. State, 590 N.E.2d 567 (Ind.1992) (holding that search warrant was fatally taint ed and without probable cause and therefore not discussing, except by implication, the issue of a Leon good faith exception). . - Frasier argues that the good faith exception embodied in LC. § 35-37-4-5(b)(1)(B) is inapplicable because there was no statute, precedent, or court rule whic 2003In such instance it cannot be said that the executing officer is acting in "good faith." See Everroad v. State, 570 N.E.2d 38, 57 (Ind.Ct.App.1991) (Sullivan, J., concurring in part and dissenting in part), superseded by Everroad v. State, 590 N.E.2d 567 (Ind.1992) (holding that search warrant was fatally tainted and without probable cause and therefore not discussing, except by implication, the issue of a Leon good faith exception). [7] Frasier argues that the good faith exception embodied in I.C. § 35-37-4-5(b)(1)(B) is inapplicable because there was no statute, precedent, or court rule whic | 1 | 2003–2003 |
Illinois v. Krull
green
2 sentences2001Consequently, Detective Cook was permitted to rely on the statute when executing the search unless the statute was "clearly unconstitutional." See Illinois v. Krull, 480 U.S. 340, 349-350 , 107 S.Ct. 1160, 1167 , 94 L.Ed.2d 364 (1987) (holding that the Leon good faith exception should apply when an officer relies in good faith on the constitutionality of a statute that is later determined to be unconstitutional, because "an officer cannot be expected to question the judgment of the legislature that passed the law"). 2001Consequently, Detective Cook was permitted to rely on the statute when executing the search unless the statute was "clearly unconstitutional." See Illinois v. Krull, 480 U.S. 340, 349-350 , 107 S.Ct. 1160, 1167 , 94 L.Ed.2d 364 (1987) (holding that the Leon good faith exception should apply when an officer relies in good faith on the constitutionality of a statute that is later determined to be unconstitutional, because "an officer cannot be expected to question the judgment of the legislature that passed the law"). | 1 | 2001–2001 |
Holtel v. State
green
2 sentences1999Hol tel, 155 Ind.App. 1 , 290 N.E.2d 775, 779 , predates the 1984 inauguration of the Leon good faith exception to the exclusionary rule by more than a decade. 1999Hol tel, 155 Ind.App. 1 , 290 N.E.2d 775, 779 , predates the 1984 inauguration of the Leon good faith exception to the exclusionary rule by more than a decade. | 1 | 1999–1999 |
Blalock v. State
green
2 sentences1997Our supreme court recognized the Leon good faith exception in Blalock v. State, 483 N.E.2d 439 (Ind.1985), and the exception applies to Article I, § 11. 1997Our supreme court recognized the Leon good faith exception in Blalock v. State, 483 N.E.2d 439 (Ind.1985), and the exception applies to Article I, § 11. | 1 | 1997–1997 |
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.
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.