Friday, February 20, 2026

 

  • members of the Medical Licensing Board of Indiana v. Planned Parenthood Great Northwest (Ind. 2023) — Recognizes Section 1 as judicially enforceable "Lockean Natural Rights Guarantee"; protects fundamental rights like self-protection, bodily autonomy, and personal liberty (e.g., life-saving abortion exception); rooted in history/traditions.
  • Price v. State (Ind. 1993) — Section 1 informs interpretation of rights; text/history show broad protection for liberty/pursuit of happiness, though not unlimited.
  • State Election Board v. Bayh (Ind. 1988) — Interpretation controlled by text, history, purpose/structure; Section 1 declares foundational principles.

Article 1, Section 11 (Unreasonable Search or Seizure)

  • Jackson v. State (Ind. 2024) — Section 11 independent analysis; police action must be reasonable based on totality; broader than Fourth Amendment in some contexts.
  • State v. Gerschoffer (Ind. 2002) — Sobriety checkpoints unreasonable under Section 11; emphasizes state-specific reasonableness standard.
  • Watkins v. State (Ind. 2006) — Military-style home entry unreasonable under Section 11 despite warrant; focuses on privacy expectations.
  • Litchfield v. State (Ind. 2000) — Section 11 requires reasonableness in light of circumstances; independent of federal law.

Article 1, Section 12 (Due Course of Law / Remedy for Injury to Person/Property/Reputation)

  • Section 12 text: "All courts shall be open; and every person, for injury done to him in his person, property, or reputation, shall have remedy by due course of law. Justice shall be administered freely, and without purchase; completely, and without denial; speedily, and without delay."
  • Key cases:
    • Recognizing a Damage Remedy to Enforce Indiana's Bill of Rights (scholarly analysis) — Section 12 provides remedy for constitutional violations, including property injuries.
    • Burress v. State (Ind. App. 1977) — Due course of law requires access to courts/remedy for injuries (person/property/reputation).
    • General interpretation: Courts view Section 12 as guaranteeing access to courts and due process for property/reputation claims (analogous to federal due process but state-specific).

Article 1, Section 16 (Excessive Fines / Bail / Punishments)

  • Timbs v. Indiana (U.S. 2019, remanded to Ind. Sup. Ct.) — Excessive Fines Clause incorporated to states via 14th Amendment; Indiana forfeiture of vehicle grossly disproportionate to offense; Section 16 mirrors federal clause.
  • Timbs v. Indiana (Ind. 2019, post-remand) — Section 16 provides meaningful protection against excessive fines/forfeitures; proportionality required.
  • Dembowski v. State (Ind. 1968) — Penalties must be proportioned to offense; Section 16 requires review of excessiveness.
  • Mills v. State (Ind. 1987) — Section 16 mandates proportionality; penalties cannot be excessive relative to offense nature.

These cases support a robust interpretation: Section 1 protects broad inalienable rights (judicially enforceable); Section 11 offers independent search/seizure protection; Section 12 guarantees remedies for property injuries; Section 16 prohibits disproportionate fines/seizures.

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