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Indiana Supreme Court weighs discovery of cell phone data with right to privacy

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Indiana Supreme Court weighs discovery of cell phone data with right to privacy


INDIANAPOLIS (INDIANA CAPITAL CHRONICLE) — The Indiana Supreme Court is considering how to balance the discovery of cell phone information with privacy rights following a hearing Thursday where a car accident victim wanted access to phone data of the driver who struck him. 

The victim, Charles Jennings, argued a lower trial court abused its discretion when prohibiting him from inspecting the phone data.

During Thursday’s oral argument, a lawyer for Jennings said the exclusion of the requested evidence could have contradicted the driver’s deposition and impacted the outcome of a jury trial. Jennings sought phone data showing whether the person driving was using the navigation application “Waze” during the accident.

A smartphone contains far more information than a personal diary.

– Attorney Bob Durham

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“If this jury knew that she was lying about having Waze on, at the end of the day they would say ‘okay we don’t trust her,’” said Bryan Babb.  

However, a lawyer for the driver, Jessica Smiley, said allowing the man to access her unlocked phone posed overwhelming privacy concerns.

“A smartphone contains far more information than a personal diary,” said Bob Durham.

Background of the case

Smiley was driving in Carmel in December 2019 when she struck Jennings, who was walking across the street at the time of the accident. According to an Indiana Court of Appeals opinion, Jennings had stepped into the street from behind a box truck, which had blocked Smiley’s view of him. Jennings sued Smiley in February 2020, arguing she had been “negligent” while driving. In her answer to Jennings’ complaint, Smiley claimed Jennings had been “contributorily negligent.” 

A year later, Jennings moved to compel discovery of Smiley’s cellphone data, seeking to find out if she was using Waze at the time of the accident. Smiley had previously said in a deposition that she had been using the app when she started her drive, but was not using it during the accident. 

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Although the trial court initially granted Jennings’ motion, Smiley asked the court to reconsider due to privacy concerns. In September 2021 the trial court overrode its prior decision and denied the motion to compel.

In January 2023 a jury found Jennings had been 90% at fault and Smiley had been 10% at fault for the accident after experts testified Jennings had not crossed at an intersection or crosswalk, and that there was limited evidence Smiley was distracted or driving recklessly. The trial court ruled in Smiley’s favor and the Indiana Court of Appeals affirmed that decision.

Balancing discovery and privacy

During Thursday’s hearing, Babb argued the trial court’s decision to deny the requested discovery constituted a reversible error. He said if his client finds data showing Smiley was using the navigation app at the time of the accident, the jury’s judgment should be reversed and vacated.

Babb said Jennings needed access to Smiley’s phone to see if she was using the application within an hour of the accident. If they found Waze was running, Babb asserted they could then investigate further to find out if Smiley was interacting with the app — which allows users to tap on their screens to report traffic delays and accidents. Since Smiley said in her deposition she wasn’t using the app, just that she had checked the app before starting her drive, Babb said contradicting data would prove she was “a liar” — something he believes would influence a jury’s decision.

However, Indiana Supreme Court Justice Geoffrey Slaughter said Jennings could have gotten that same information without accessing the phone, such as by contacting Waze to obtain the user data. 

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“It’s not obvious to me you couldn’t have gotten it from an alternative source,” Slaughter said.

Additionally, Durham, Smiley’s attorney, said the characterization of his client was not central to the case. 

“The question for the jury was ‘was she negligent?’ not ‘is she a liar?’” Durham told the court. 

The justices asked both parties’ attorneys about the privacy implications of allowing cell phone discovery in civil cases. Durham said that even if the other party was only looking for the hour of Waze data, there are no safeguards to prevent them from accessing texts, emails and other personal information. 

“Discovery in its very nature is intrusive,” Justice Derek Molter said in response to Durham.

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The court will issue a decision in the coming months.



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Indiana

NCAA Tournament bubble watch: OSU-Indiana looms large, UNC faces win-and-in game

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NCAA Tournament bubble watch: OSU-Indiana looms large, UNC faces win-and-in game


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Just 10 days separate us from learning the 68-team field in the NCAA Tournament. Bracket season is upon us and the madness is well underway, with multiple bubble results already taking place this week and a mammoth slate of games on the docket this weekend. The headliner is the North Carolina Tar Heels, who have a win-and-in game against No. 2 Duke on Saturday at the Dean Dome.

Coach Hubert Davis is trying to avoid a second missed trip to the Big Dance in the past three years. While his job is safe after it was reported that he signed a two-year contract extension in December 2024 to take him through 2030, the idea of being on the wrong side of the bubble again this year would mean that he must win in the 2025-26 campaign. That said, opportunity knocks Saturday when a Duke team that has lost just once since Nov. 6 comes to Chapel Hill. 

This feels like a real uphill battle for UNC, but not many teams get the luxury of a win-and-in game this time of year — and there’s no question that a victory over a Duke squad that sits at No. 1 in NET, KenPom and Torvik would clinch a spot for the Tar Heels. Their résumé? There’s not enough quality to it, with UNC having a 1-10 record against Quadrant 1 teams and that one quality win (a neutral site victory over UCLA) getting negated by a Quad 3 home loss to Stanford. UNC’s NET is 38, a solid ranking compared to others on the bubble and one that is better than Arkansas, Oklahoma, Nebraska and Xavier. UNC’s “wins above bubble” sits at 44th in the country (+1.0), while the KPI, which ranks every team’s wins and losses on a positive-to-negative scale, places it outside the top 50. 

The point? The Tar Heels will be sweating heavily on Selection Sunday if they lose to Duke and don’t steal a bid in the ACC Tournament. What will the keys be for UNC to have a shot? The Tar Heels have to defend better, and they’ve got to make a decision about defending Cooper Flagg — make him just a scorer or just a facilitator, because if he’s doing both well, they’re in for a long night. RJ Davis has to play like a first-team All-American, while Ian Jackson and Seth Trimble must deliver when they free up with perimeter looks. 

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There’s a huge bubble bowl in Bloomington, Indiana, on Saturday when Indiana hosts Ohio State. The Hoosiers, who fell at Oregon earlier this week, seem to be in a solid spot to get a bid to the NCAA Tournament and can all but officially lock up a spot with a win over the Buckeyes. Indiana has four Quad 1 wins and zero defeats outside Q1. That’s normally pretty valuable to the selection committee, as is the fact that Indiana only played four Quad 4 games. One of the Hoosiers’ four Quad 1 wins came at Ohio State back on Jan. 17 when Luke Goode hit a clutch 3 and Anthony Leal put up a game-sealing block in the final seconds to seal a victory. Indiana is coming off a 73-64 defeat at Oregon in which Myles Rice and Mackenzie Mgbako were held to a combined 3-for-17 shooting from the field, but the Hoosiers are 13-4 at home as opposed to 5-8 away from Assembly Hall. Winning Saturday would help ensure Indiana isn’t sweating on Selection Sunday, but Ohio State has momentum coming into Bloomington after a 116-114 double-overtime victory over fellow bubble team Nebraska. Bruce Thornton led the Buckeyes with 29 points and nine assists.

I agree with FOX Sports college basketball bracket forecaster Mike DeCourcy that the Buckeyes should be in the 68-team field because of a win on a neutral floor over Kentucky coupled with a victory at Purdue. Ohio State has six Quad 1 wins, and while a 3-3 Quad 2 record isn’t great, this team doesn’t own a backbreaking defeat and their résumé is pretty solid all around. The difference between the Buckeyes and another bubble team like Nebraska is the fact the Huskers own two Quad 3 losses. The Huskers host Iowa on Sunday in a must-win game. 

Let’s assess other bubble winners and losers! 

The Razorbacks looked defeated on Saturday in a loss to South Carolina, but John Calipari’s team bounced back with a 90-77 victory at Vanderbilt. Johnell Davis had 21 points in the victory, showing why he was such a good portal pickup for Calipari. A home date with a Mississippi State team that is top-35 in the NET is another strong chance for Arkansas to make a case. If the Razorbacks win Saturday and aren’t the auto-bid from the SEC Tournament, I could see them in Dayton as one of the first four teams in. TV networks would certainly like that. 

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Oklahoma (Bubble winner) 

If you’re firmly on the bubble at this point and need to move the needle with a win, you have to seize it. The Sooners did just that, shooting 57% from the floor in a dominant win over a Missouri team that stands at 15 in NET. Jeremiah Fears looks every bit the part of a first-round NBA Draft pick, scoring 31 points on 9-of-13 shooting from the floor while delivering five assists. He has sensational upside, but for now, he’s keeping Oklahoma alive for a bid.

The Bearcats’ offense just hasn’t been good enough. They went 2-of-18 from 3 in a loss to Kansas State and don’t have a true alpha scorer. With just one Quad 1 win and a combined 11-13 record versus the other three quadrants combined, I don’t think there’s enough meat on the bone. I’d say Cincinnati is out.

Xavier (Bubble winner)

The Musketeers have won 11 of their past 14 contests, and they routed Butler at Hinkle Fieldhouse, 91-78, in what was perceived as a potential trap game. Coach Sean Miller told me that Zach Freemantle’s level of play and his attitude is one that matches the pros and that he realizes this is it for him in college basketball as a senior. We’re watching that play out, with Freemantle and Ryan Conwell really turning it up on a daily basis. 

Tensions rose down the stretch in Washington, D.C. on Tuesday night. Coach Ed Cooley wanted to quadruple his Big East win count, while Kyle Neptune was trying to save his job. Yet, the Cats have lost two games to Georgetown by a grand total of three points. With two Quad 3 losses and another in Quad 4, the Cats just have too many blemishes to overcome. 

What a final week and a half on deck in college basketball. For some, bubbles will be popped. For others, they won’t have to worry about a thing on Selection Sunday. Then there’s those middling bubble teams that are trying to find a way in. There will be no shortage of those teams in the mix here down the stretch. Let’s see what happens. It’s the most wonderful time of the year for a reason!

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John Fanta is a national college basketball broadcaster and writer for FOX Sports. He covers the sport in a variety of capacities, from calling games on FS1 to serving as lead host on the BIG EAST Digital Network to providing commentary on The Field of 68 Media Network. Follow him at @John_Fanta.

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Lake County Sheriff's now cooperating with ICE, Indiana attorney general says

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Lake County Sheriff's now cooperating with ICE, Indiana attorney general says


LAKE COUNTY, Ind. (WLS) — The Lake County Sherrif’s Office will begin cooperating with U.S. Immigration and Customs Enforcement officials, according to the Indiana attorney general.

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Indiana Attorney General Todd Rokita said he sent two warning letters to the sheriff’s office if they limited officer’s cooperation with ICE.

“The Lake County Sheriff’s Department has reversed course and is now cooperating with U.S. Immigration and Customs Enforcement officials, as required by state law,” the office of the attorney general said.

Rokita recently sued Monroe County and St. Joseph County sheriff department over “refusing to cooperate with federal immigration authorities.”

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“We will continue our ongoing conversations with ICE and Lake County to ensure they are compliant with Indiana law. We do reserve our right at all times to enforce state law, even when it comes to the County Sheriff,” Rokita said.”

The Lake County Sheriff’s Office has not released a statement.

Copyright © 2025 WLS-TV. All Rights Reserved.



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Man found dead in Indiana ditch identified as Venezuelan national who lived in Oregon

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Man found dead in Indiana ditch identified as Venezuelan national who lived in Oregon


Police need help finding family of man found murdered in Indiana ditch

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Police need help finding family of man found murdered in Indiana ditch

00:24

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Police on Wednesday revealed a man whose body was discovered in a ditch in Northwest Indiana was thousands of miles from home.

Police said just before 9:30 a.m. this past Friday, a cleanup crew was working on I-65 near Crown Point. While working along the ramp from U.S. 231 to southbound I-65, they found the body lying in the ditch.

The man found dead has now been identified as Daniel Ramos-Rivas, 23, a Venezuelan national whose last known residence was in Tillamook County, Oregon, along the Pacific coastline west of Portland.

daniel-ramos-rivas.png
Daniel Ramos-Rivas

Indiana State Police

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Indiana State Police said Ramos-Riva’s death was a homicide, and two people have been arrested in Seattle by the FBI as suspects. So far, these two people have not been charged.

Investigators also said Thursday that they are searching for Ramos-Rivas’ family.



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