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Indiana House Bill 1350 restricts evidence exclusion and allows direct state appeals to the supreme court

Original title: Exclusionary rule.

Last action · January 6, 2026: First reading: referred to Committee on Courts and Criminal CodeSponsor: Alaina Shonkwiler

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Proposed

Indiana House Bill 1350 prohibits courts from excluding otherwise admissible evidence based on constitutional violations unless the evidence was obtained through deliberate, reckless, grossly negligent, or systemic misconduct that violates Fourth Amendment precedents. Effective July 1, 2026, the measure allows the state to appeal evidence-exclusion orders directly to the Indiana Supreme Court and preserves an individual's right to pursue civil damages against law enforcement for unlawful searches.

Why it matters

Changes how criminal evidence is handled in Indiana courts by limiting the application of the to cases involving severe law enforcement misconduct, while granting the state expedited direct appeals to the state supreme court for suppression orders.

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

accused individuals

Criminal defendants face stricter limitations on excluding evidence obtained via certain constitutional violations during prosecutions.

Directly affected

law enforcement officers

Officers remain subject to civil liability for civil rights violations arising from unlawful searches and seizures.

Directly affected

the state

Prosecutors gain the ability to appeal evidence-exclusion orders directly to the Indiana Supreme Court with expedited review timelines.

Key Facts

  • Evidence that is otherwise admissible may not be excluded due to constitutional or statutory violations unless specific misconduct exceptions are met.
  • Evidence may be excluded if obtained through deliberate, reckless, grossly negligent, or recurring systemic negligence violating the Fourth Amendment, and refusal to exclude would contradict a clearly established U.S. Supreme Court holding.
  • Indiana courts are barred from recognizing or enforcing an exclusionary rule under state law that extends beyond federal exclusionary rule requirements.
  • The state may immediately and directly appeal an order granting a motion to suppress or exclude evidence to the Indiana Supreme Court.
Show all 7 facts
  • When the state appeals an evidence exclusion order, the Indiana Supreme Court must stay trial court proceedings and expedite consideration.
  • The bill explicitly preserves a person's right to bring a civil action against law enforcement or a governmental entity for civil rights violations stemming from unlawful searches and seizures.
  • If the state acknowledges that a clearly established U.S. Supreme Court holding requires evidence exclusion and appeals solely to seek reconsideration on a writ of certiorari, the state supreme court must summarily affirm without briefs or oral argument.

Frequently Asked Questions

What does House Bill 1350 do regarding evidence in criminal cases?
It generally prohibits courts from excluding otherwise admissible evidence based on constitutional or statutory violations, unless the evidence resulted from deliberate, reckless, or systemic Fourth Amendment violations by law enforcement.
Can individuals still sue police officers for illegal searches under this bill?
Yes. The bill specifies that nothing in the section affects a person's right to bring a civil action against a law enforcement officer or governmental entity for civil rights violations.
How does the bill change the appeals process for evidence suppression?
It allows the state to take appeals from orders granting a motion to exclude evidence directly to the Indiana Supreme Court, which must stay trial court proceedings and expedite the appeal.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

This bill did not become law - Died at adjournment · in House committee.

Procedural history

2 actions
  1. Jan 6, 2026HouseIntroduced
    First reading: referred to Committee on Courts and Criminal Code
  2. Jan 6, 2026House
    Authored by Representative Shonkwiler

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift95% confidence

Alignment with Federal Standards

The legislation explicitly restricts state courts from enforcing broader state-level exclusionary rules than those defined by the United States Supreme Court.

Connected Entities

United States Supreme Court, General Assembly, Indiana Supreme Court and 1 more
OrganizationUnited States Supreme Court“Federal court whose interpretations of the U.S. Constitution govern the exclusio”Map →
OrganizationGeneral Assembly“Indiana legislative body enacting the bill”Map →
OrganizationIndiana Supreme Court“State court receiving direct appeals regarding orders to exclude or suppress evi”Map →
PersonAlaina Shonkwiler“Representative who introduced House Bill 1350”Map →

Sources

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 75)
  • Controversy80
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz45
    Current news / social attention level

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