context: As a result, neither the police officers' warrantless entry into Rush's yard or their subsequent observation of the beer and liquor containers through the basement window violated Rush's Fourth Amendment rights. Thus, we reject Rush's argument that the police officers' actions were improper.
citation_a.signal: see also
citation_a.parenthetical: holding that when a police officer observes something from an area where the officer is lawfully entitled to be, anything that is in "open view" may be observed without having to obtain a search warrant because making such "open view" observations does not constitute a search in the constitutional sense
citation_a.sentence: See Trimble, 842 N.E.2d at 801 (recognizing that a police officer’s observation or inspection of contraband during the course of a legitimate investigation does not necessarily result in an unconstitutional search); see also Kendall v. State, 825 N.E.2d 439 (Ind.Ct.App.2005), ajfd in part and vacated in part on other grounds (holding that when a police officer observes something from an area where the officer is lawfully entitled to be, anything that is in “open view” may be observed without having to obtain a search warrant because making such “open view” observations does not constitute a search in the constitutional sense).
citation_b.signal: see
citation_b.identifier: 842 N.E.2d 801, 801
citation_b.parenthetical: recognizing that a police officer's observation or inspection of contraband during the course of a legitimate investigation does not necessarily result in an unconstitutional search
citation_b.sentence: See Trimble, 842 N.E.2d at 801 (recognizing that a police officer’s observation or inspection of contraband during the course of a legitimate investigation does not necessarily result in an unconstitutional search); see also Kendall v. State, 825 N.E.2d 439 (Ind.Ct.App.2005), ajfd in part and vacated in part on other grounds (holding that when a police officer observes something from an area where the officer is lawfully entitled to be, anything that is in “open view” may be observed without having to obtain a search warrant because making such “open view” observations does not constitute a search in the constitutional sense).