Legal Opinion
Middleton v. State
Indiana Supreme Court
Decided June 29, 1999No. 85S02-9812-CR-764PublishedCited by 36 opinions
1Opinion of the Court
ON PETITION TO TRANSFER
BOEHM, Justice.
This case involves the “plain view” doctrine: if a police officer is properly in the residence of another and sees items that may be seized under the doctrine but leaves the home without them, may the officer then return to seize the items without first obtaining a search warrant? We conclude that, in the absence of exigent circumstances or some other exception to the warrant requirement, such a seizure is prohibited by the Fourth Amendment to the United States Constitution.
Factual and Procedural Background
On June 4, 1997, realtor Pat Rowans showed a…
2Cases cited20 opinions
- Katz v. United StatesSupreme Court of the United States · 1967
- Coolidge v. New HampshireSupreme Court of the United States · 1971
- Payton v. New YorkSupreme Court of the United States · 1980
- Texas v. BrownSupreme Court of the United States · 1983
- Horton v. CaliforniaSupreme Court of the United States · 1990
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3Cited by36 opinions
- Bilida v. McCleodCourt of Appeals for the First Circuit · 2000
- Logan v. StateIndiana Supreme Court · 2000
- Edwards v. StateIndiana Supreme Court · 2001
- Edwards v. StateIndiana Court of Appeals · 2002
- Davis v. StateIndiana Court of Appeals · 2009
31 more not listed; retrieve them via the Exa API.