Legal Opinion

Duran v. State

Indiana Supreme Court

Decided June 30, 2010No. 45S03-0910-CR-430PublishedCited by 43 opinions

1Opinion of the Court

BOEHM, Justice.

Police attempting to execute an arrest warrant broke into the defendant's home where they did not find their suspect, but happened on evidence of an unrelated erime. The police acted solely on the basis of uncorroborated information from an anonymous source, and without any immediate need to prevent ongoing erime or flight. We hold that the entry into the defendant's home violated both the federal and state constitutions and the evidence must be suppressed.

Facts and Procedural History

On March 23, 2007, officers of the East Chicago Police Department attempted to execute an…

2Cases cited29 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Illinois v. GatesSupreme Court of the United States · 1983
  3. Mapp v. OhioSupreme Court of the United States · 1961
  4. Payton v. New YorkSupreme Court of the United States · 1980
  5. United States v. CortezSupreme Court of the United States · 1981

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3Cited by43 opinions

  1. Patrick Austin v. State of IndianaIndiana Supreme Court · 2013
  2. Jonathan D. Carpenter v. State of IndianaIndiana Supreme Court · 2014
  3. Mario Watkins v. State of IndianaIndiana Supreme Court · 2017
  4. Christopher Smith v. State of IndianaIndiana Supreme Court · 2014
  5. C.H. v. State of IndianaIndiana Court of Appeals · 2014

38 more not listed; retrieve them via the Exa API.

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