Legal Opinion

Sowers v. State

Indiana Supreme Court

Decided March 3, 2000No. 33S00-9807-DP-387PublishedCited by 23 opinions

1Opinion of the Court

BOEHM, Justice.

This case involves the seizure of several items from a tent located in the backyard of a residence. A valid search warrant had been obtained for the residence. Al though the tent was an area in which the occupant had an expectation of privacy, we hold that the warrant was valid for a search of the tent to the same degree as for any other structure within the curtilage of a residence. Accordingly, the search did not violate the Fourth Amendment or the Indiana Constitution. We remand this case to the trial court with direction to deny Sowers’ motion to suppress.

Factual and…

2Cases cited16 opinions

  1. United States v. RossSupreme Court of the United States · 1982
  2. Maryland v. GarrisonSupreme Court of the United States · 1987
  3. Steele v. United States No. 1Supreme Court of the United States · 1925
  4. Brown v. StateIndiana Supreme Court · 1995
  5. Moran v. StateIndiana Supreme Court · 1994

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

3Cited by23 opinions

  1. Davis v. StateIndiana Court of Appeals · 2009
  2. Martin v. Indiana State PoliceDistrict Court, S.D. Indiana · 2008
  3. State v. PotterMissouri Court of Appeals · 2002
  4. Opalenik v. LaBrieDistrict Court, D. Massachusetts · 2013
  5. State v. SeidlIndiana Court of Appeals · 2010

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

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