Indiana Supreme Court

Monica Dycus, Appellant (defendant Below) v. State of Indiana, Appellee (plaintiff Below).

October 3, 2018108 N.E.3d 301

Summary

The Indiana Supreme Court held that police need not provide a state constitutional advisement of the right to consult counsel before obtaining a custodial suspect’s consent to a drug recognition exam. Because a DRE is narrowly focused and does not create the risks of involuntary consent associated with broad home or vehicle searches, the DRE evidence was admissible and Dycus’s conviction was affirmed. The court did not disturb the lower court’s rejection of Dycus’s confrontation objection.