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Criminal Law

: Fourth Amendment

IN: Pre-Litchfield trash searches require the motion to have been made before that case was decided to get the benefit

By John Wesley Hall, Jr.

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Indiana trash searches conducted before Litchfield was decided in 2005 are governed by pre-Litchfield case law unless defendant made the motion before it was decided. Belvedere v. State, 2008 Ind. LEXIS 489 (June 27, 2008)*; Membres v. State, 2008 Ind. LEXIS 492 (June 27, 2008).* Statements against penal interst for informants distinguish true statements about crimes the police know nothing about that are potentially reliable and those designed to curry favor with the police who caught the informant. This informant's statement were the former. Robinson v. State, 2008 Ind. App. LEXIS 1338 (June 27, 2008).*

Full post as published by Fourth Amendment on June 30, 2008 (boomark / email).

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