Legal Opinion

Monica Dycus v. State of Indiana

Indiana Supreme Court

Decided October 3, 2018No. Supreme Court Case 18S-CR-488PublishedCited by 19 opinions

1Opinion of the Court

David, Justice.

Indiana's Constitution affords its citizens certain rights, including the right to counsel through all stages of a prosecution. That right entitles an accused to consult with counsel while in police custody. In Pirtle v. State , our Court relied on our State Constitution to require an advisement of rights prior to police obtaining consent to a search from a person in custody. So far, that requirement has been understood to apply only to searches of homes and vehicles. Field sobriety tests, chemical breath tests, blood draws, and cheek swabs have all been found to be searches…

2Cases cited20 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  3. Andrew Conley v. State of IndianaIndiana Supreme Court · 2012
  4. Wright v. StateIndiana Supreme Court · 1995
  5. Pirtle v. StateIndiana Supreme Court · 1975

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3Cited by19 opinions

  1. Zachariah J. Marshall v. State of IndianaIndiana Supreme Court · 2019
  2. Derrick Cardosi v. State of IndianaIndiana Supreme Court · 2019
  3. James Hinkle v. Ron NealCourt of Appeals for the Seventh Circuit · 2022
  4. Barry Demarlo Billingsley v. State of IndianaIndiana Court of Appeals · 2026
  5. Brianna Michelle Wilson v. State of IndianaIndiana Court of Appeals · 2020

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