Indiana Court of Appeals to visit DePauw

Friday, February 28, 2014

The Indiana Court of Appeals will come to the campus of DePauw University on Friday, March 7 to hold oral arguments that are open to all.

The proceedings, hosted by the department of political science, will begin at 10:20 a.m. at the Inn at DePauw. The usual rules of courtroom decorum will apply.

It marks the ninth time in the past 10 years that the Court of Appeals has come to DePauw. The Court of Appeals hears several oral arguments each year at locations around the state to enable Hoosiers to learn about the judicial branch.

A panel of three judges -- Terry A. Crone '74, Margret G. Robb and Randall T. Shepard, retired chief justice of the Indiana Supreme Court -- will hear arguments in the case of J.K. v. the State of Indiana for approximately an hour.

At the conclusion of the oral arguments, the judges plan to answer questions from the audience, although they must refrain from discussing the case before them.

A synopsis of the case, provided by the Court of Appeals, follows:

J.K was adjudicated delinquent for acts of illegal possession and illegal consumption of an alcoholic beverage and aiding illegal consumption of an alcoholic beverage. J.K. argues the juvenile court admitted evidence obtained in violation of his rights under the Fourth Amendment to the United States Constitution.

Police received a complaint regarding juveniles making noise in the neighborhood and arrived at J.K.'s residence at approximately 1 a.m. Two officers went around each side of the residence while a third officer remained at the front, knocking on the door.

Believing that underage drinking was taking place inside, the officers remained at the residence for over an hour until two juveniles, including J.K., eventually opened the front door. Via telephone, an officer spoke with J.K.'s mother and obtained her consent to enter the residence. J.K. argues any consent to enter was tainted by an unconstitutionally lengthy "knock-and-talk."

The state contends exigent circumstances allowed for the warrantless entry, regardless of consent.

For more information, interested persons can visit the Indiana Court of Appeals online.

Randall T. Shepard, who served twenty-five years as chief justice of the Indiana Supreme Court, was presented with an honorary Doctor of Laws degree from DePauw at the University's 174th commencement on May 19, 2013.

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