Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
6 Indiana opinions name it 1 courts 1978–2018 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 |
|---|---|---|
Schmidt v. Stategreen2 sentences2010Subsequent decisions have held the Pir-tle requirement inapplicable in cases where the search consisted of field sobriety tests (Ackerman v. State, 774 N.E.2d 970, 981-82 (Ind.Ct.App.2002), trans. denied ), a chemical breath test (Schmidt v. State, 816 N.E.2d 925, 944 (Ind.Ct.App.2004), trams. denied ), or a chemical blood test (Datzek v. State, 838 N.E.2d 1149, 1159 (Ind.Ct. *894 App.2005), trans. denied ). 2005See, e.g., Schmidt, 816 N.E.2d at 944 ; Ackerman, 774 N.E.2d at 982 . | 2 | 2 |
Datzek v. Stategreen2 sentences2017"Furthermore, consent to submit to a chemical blood test under Indiana's implied consent law is only consent to submit to an 'analysis of a person's blood ... for the determination of the presence of alcohol, a controlled substance, or a drug.' " Id. ; see I.C. § 9-13-2-22. 2010Subsequent decisions have held the Pir-tle requirement inapplicable in cases where the search consisted of field sobriety tests (Ackerman v. State, 774 N.E.2d 970, 981-82 (Ind.Ct.App.2002), trans. denied ), a chemical breath test (Schmidt v. State, 816 N.E.2d 925, 944 (Ind.Ct.App.2004), trams. denied ), or a chemical blood test (Datzek v. State, 838 N.E.2d 1149, 1159 (Ind.Ct. *894 App.2005), trans. denied ). | 1 | 2 |
Ackerman v. Stategreen2 sentences2010Subsequent decisions have held the Pir-tle requirement inapplicable in cases where the search consisted of field sobriety tests (Ackerman v. State, 774 N.E.2d 970, 981-82 (Ind.Ct.App.2002), trans. denied ), a chemical breath test (Schmidt v. State, 816 N.E.2d 925, 944 (Ind.Ct.App.2004), trams. denied ), or a chemical blood test (Datzek v. State, 838 N.E.2d 1149, 1159 (Ind.Ct. *894 App.2005), trans. denied ). 2005See, e.g., Schmidt, 816 N.E.2d at 944 ; Ackerman, 774 N.E.2d at 982 . | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Jarrell v. State
green
1 sentence2018Jarrell, 852 N.E.2d at 1029 . [14] Here, Officer Ragsdell was dispatched at 11:42 p.m., and the chemical blood test was administered at 1:27 a.m., within the three-hour time frame. | 1 | 2018–2018 |
Garcia-Torres v. State
green
1 sentence2017Therefore, we concluded that "unlike the suspect in Pirtle , a suspect who is asked to submit to a chemical blood tests does not subject himself to a general search without probable cause." Id. [29] Lastly, in Garcia-Torres , our supreme court declared that " Pirtle and the ensuing cases have applied this rule only to the weightiest intrusions." Garcia-Torres , 949 N.E.2d at 1238 . | 1 | 2017–2017 |
Bullcoming v. New Mexico
green
2 sentences2012Therefore, the report “rank[ed] as testimonial.” Id. 2012The Court held that the laboratory test report of the chemical blood analysis was created solely for an “evidentiary purpose” and was “made in aid of a police investigation.” Id. at 2717 . | 1 | 2012–2012 |
DeVaney v. State
green
2 sentences1978We hold in the case at bar that Clark did give knowing and voluntary consent to the taking of the blood sample, but assuming arguendo that Clark did not, we think that the admission of the results of the chemical blood test for intoxication would have been allowed on the basis of DeVaney v. State (1972), 259 Ind. 483 , 288 N.E.2d 732 . 1978We hold in the case at bar that Clark did give knowing and voluntary consent to the taking of the blood sample, but assuming arguendo that Clark did not, we think that the admission of the results of the chemical blood test for intoxication would have been allowed on the basis of DeVaney v. State (1972), 259 Ind. 483 , 288 N.E.2d 732 . | 1 | 1978–1978 |
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.