Paralegal Studies
Assignment #5
Paralegal 101
As I have reviewed a few cases within the Ivy Tech Library, I have found that there is nothing that can be done at the specific time to resist unlawful police entry in Indiana. The matter of the unlawful entry in each case I studied had to be resolved in court or the Court of Appeals. The first case I wish to bring to attention to is Sandridge verses State, Court of Appeals. Two officers, responding to a phone call, are refused entry by Steven Sandridge. They forced the door open and wrestled Steven to the couch. At the couch Steven was chemically sprayed and cuffed. He argued in his appeal that he was wrongly arrested by the officers who forced entry without a warrant. The Court of Appeals found that entry was lawful under the Fourth Amendment: Article 1 Section 11 of the Indiana Constitution. At the time the police officers had responded to an emergency 911 call. The officers had no idea if someone was in danger, injured, or could injure another.
The next case I reviewed was Walker verses State. A hit a run took place where a witness gave a description of a vehicle and the direction the vehicle had been heading. Two officers, driving separately, went in the direction and found the car. Walker, the car owner, started to the door. As the screen door began to shut, Officer Hoffman, race to open the door. Between the tugging of the two men the door flexed causing the window to break. The evidence proved the case showed violent resistance against Walker, as recorded in Spangler v. State (1993). The State succeeded in a conviction of a Class D felony, but the Class A misdemeanor was ruled insufficient by means of Double Jeopardy. They cannot use the same evidence to convict Walker twice as a result of Richardson v. State, 717 N.E.2d 32, 49 (Ind. 1999)[->0] "No person shall be put in jeopardy twice for the same offense." Two or more offenses are the same offense for double jeopardy purposes if, "with respect to either the statutory
Paralegal 101
As I have reviewed a few cases within the Ivy Tech Library, I have found that there is nothing that can be done at the specific time to resist unlawful police entry in Indiana. The matter of the unlawful entry in each case I studied had to be resolved in court or the Court of Appeals. The first case I wish to bring to attention to is Sandridge verses State, Court of Appeals. Two officers, responding to a phone call, are refused entry by Steven Sandridge. They forced the door open and wrestled Steven to the couch. At the couch Steven was chemically sprayed and cuffed. He argued in his appeal that he was wrongly arrested by the officers who forced entry without a warrant. The Court of Appeals found that entry was lawful under the Fourth Amendment: Article 1 Section 11 of the Indiana Constitution. At the time the police officers had responded to an emergency 911 call. The officers had no idea if someone was in danger, injured, or could injure another.
The next case I reviewed was Walker verses State. A hit a run took place where a witness gave a description of a vehicle and the direction the vehicle had been heading. Two officers, driving separately, went in the direction and found the car. Walker, the car owner, started to the door. As the screen door began to shut, Officer Hoffman, race to open the door. Between the tugging of the two men the door flexed causing the window to break. The evidence proved the case showed violent resistance against Walker, as recorded in Spangler v. State (1993). The State succeeded in a conviction of a Class D felony, but the Class A misdemeanor was ruled insufficient by means of Double Jeopardy. They cannot use the same evidence to convict Walker twice as a result of Richardson v. State, 717 N.E.2d 32, 49 (Ind. 1999)[->0] "No person shall be put in jeopardy twice for the same offense." Two or more offenses are the same offense for double jeopardy purposes if, "with respect to either the statutory