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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.