Indiana Supreme Court· 6/30/2010

Duran v. State

Citations

930 N.E.2d 10
2010 Ind. LEXIS 408
2010 WL 2605727

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

noting that the defendant had an expectation of privacy in his home
noting that the defendant had an expectation of privacy in his home
holding officers’ entry into defendant’s apartment was unreasonable under the Indiana Constitution when the officers’ suspicion that wanted individual was inside apartment was low, the degree of intrusion was high, and law enforcement’s need to enter the apartment was low
finding “[t]he law enforcement needs were not pressing” to execute an arrest warrant when the officers had shaky information on the location of the subject and he was not a flight risk
“The degree of intrusion is viewed from the point of view of the occupants or owners of the premises searched.”
in context of warrantless entry into home, “it is ‘generally accepted’ that reason to believe ‘involves something less than’ probable cause” (quoting 3 Wayne R. LaFave, Search and Seizure, § 6.1(a), at 265 (4th ed. 2004)

Source: CourtListener parenthetical corpus (CC0).

Judges: Boehm, Dickson, Sullivan, Rucker, Shepard

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Cited by

40 cases in this archive cite this case; the 20 most cited are listed.

Cites

29 cases in this archive are cited by this case; the 20 most cited are listed.

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