Everyone has heard the term “illegal search and seizures.” But what does this mean? In general, the Fourth Amendment of the US Constitution makes unlawful searches and seizures illegal, meaning that any evidence found during an unlawful search cannot be used against you in a court of law1. When it comes to “unlawful searches”, it is not always black and white. There are many exceptions in which a warrant would not be required for a search to be lawful. One example ... Read More
08
Apr2019
01
Apr2019
The United States Supreme Court has long recognized the “fundamental right of parents to make decisions concerning the care, custody, and control of their children.”1 This fundamental right to parent is why the Indiana Courts place the burden of proof on the Department of Child Services (“DCS”) when it comes to proving that a child is a child in need of services (“CHINS”). Specifically, our Indiana Supreme Court has found that DCS must prove three basic elements for a ... Read More
27
Mar2019
The digital age is an exciting time. New developments in technology are routinely made, bringing about changes that have the potential to affect our daily lives. But with these new advances comes changes to the legal landscape. These new changes have the potential to dramatically change your life, and as such, require your attention. One of the most drastic changes in the legal world has been the use of cell phones as a source of evidence. This hot button topic ... Read More
20
Mar2019
Anyone who has found themselves in the unenviable position of being in a traffic stop knows the stress and panic it can cause. Whether it be a DUI check-point, a rear headlight being out, or failure to use a turn signal, no one likes being pulled over. You may ask yourself, “can a police officer pull you over at any time?” or “what are the limits on being pulled over?” While there are no hard and fast rules governing traffic ... Read More
08
Mar2019
Many people in Indiana have a general idea of what it means to appeal a decision. The popularity of legal TV shows, true crime shows streamed to our laptops and tablets, and news stories about the reversal of criminal convictions based on DNA evidence or a new United States Supreme Court case all touch on the idea of an “appeal.” But what does an “appeal” really mean, and what can you do to set yourself up for success if you find yourself having to appeal ... Read More
27
Feb2019
Most individuals are aware of the social media app Snapchat. For those unfamiliar, Snapchat is an app that allows its users to send and post pictures or videos for a specified amount of time. After that specified time expires, the video or picture is “deleted.” Unfortunately, once something is uploaded to the internet, it is never truly “deleted.” As such, individuals all over are seeing the consequences of posting incriminating pictures and videos to social media apps. But, can any picture or video you have ever posted be used against you? Are ... Read More
21
Feb2019
The Second Amendment’s right to keep and bear arms is one of the oldest and core liberties contained in our Constitution. This same right is found in the Indiana Constitution.1 Yet, that right may be the most polarizing issue debated in today’s society. In the reflection of this, so to speak “hot topic” issue, the Legislature and Congress have enacted ever-changing laws. It is important to stay current with these changes to ensure you are following the law and avoid negative consequences. For example, what happens if someone steals your gun and ... Read More
21
Dec2018
The holidays of Christmas and New Year’s give most Americans a chance to have some time off work, relax, see family and friends and refresh and recharge to start the next year fresh. Sadly, these great times provide unique chances to run into legal troubles that spoil the time and carry over into the next year. Ask any policeman, fraud investigator, or attorney . . . .This blog provides court tips to avoid a normally avoidable “event” and legal trouble you may not have thought of but ... Read More
14
Dec2018
Maybe. The Constitution’s Second Amendment1 right to bear arms is a right enjoyed by most, but one that is not absolute. Perhaps most notable is a person that has a felony conviction---knows just how many consequences come with it. In Indiana (and under federal law), an individual does not have Second Amendment rights with a felony conviction.2 This means he or she cannot purchase firearms.3 Another limitation is the inability to possess a firearm.4 The question or consideration for felons is to know how far constructive possession extends? Does ... Read More
27
Nov2018
“You have the right to remain silent” is a phrase most have heard, whether it be from a television show or personal experience. This phrase is from what is known as (a part of the) Miranda rights. Miranda rights are a centerpiece of the American legal system and arise out of the United States Constitution’s Fifth Amendment right against self-incrimination. When exactly does an officer have to read an individual their Miranda rights? And what happens if an individual is not ... Read More