Nick McIlquham v. State of Indiana

On Petition to Transfer from the Indiana Court of Appeals, No. 49A05-1212-CR-631

RUSH, Justice.

Police responded to a report of a very young child, unsupervised and partially clothed, wandering near a pond at an apartment complex. Defendant, the child’s father, arrived shortly thereafter and agreed to let the police check the safety of his apartment before leaving the child with him. “Courts should not be reticent in enforcing the constitutional rule restricting the search of a person’s home -without a warrant or consent,” Hawkins v. State, 626 N.E.2d 436, 439 (Ind.1993) — but here, Defendant…