· 3/24/2005
Litchfield v. State
Citations
- 824 N.E.2d 356
- 2005 Ind. LEXIS 254
- 2005 WL 674911
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that warrantless search of trash, which is permissible under the Fourth Amendment, requires a reasonable suspicion under the Article 1, Section 11
- holding that trash searches not based on individualized, reasonable suspicion were unreasonable under Article 1, Section 11 even though such searches had been held not to violate federal Fourth Amendment
- explaining that Indiana courts have explicitly rejected the expectation of privacy as a test of the reasonableness of a search or seizure under our constitution
- explaining that Indiana courts have explicitly rejected the expectation of privacy as a test of the reasonableness of a search or seizure under our constitution
- explaining that issue is whether search or seizure was “reasonable,” which turns on a balance of “1
- explaining that the federal guarantee focuses on one’s reasonable expectation of privacy and setting out a three-factor balancing test for assessing reasonableness under the Indiana Constitution
Source: CourtListener parenthetical corpus (CC0).
Judges: Boehm, Shepard, Dickson, Sullivan, Rucker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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