Legal Opinion · Dissent

Webster v. State

Indiana Court of Appeals

Decided June 22, 2009No. 71A03-0902-CR-78Published

1DissentBaker, Chief Judge

I respectfully dissent from the majority's determination that Trooper Parch-man's warrantless search of Webster's purse violated her rights under Article 1, Section 11 of the Indiana Constitution.

As the majority points out, the legality of a governmental search under the Indiana Constitution turns on an evaluation of the reasonableness of the police conduct under the totality of the cireum-stances. Op. at 291-92 (citing Litchfield v. State, 824 N.E.2d 356, 359 (Ind.2005)). The Litchfield court also determined that the reasonableness of a search or seizure turns on a balance of: 1) the degree…

2Cases cited3 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Litchfield v. StateIndiana Supreme Court · 2005
  3. A.M. v. StateIndiana Court of Appeals · 2008

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