Most everyone has had the unenviable experience of being pulled over. Whether it’s a speeding ticket, or a warning for expired plates, being pulled over is pretty unpleasant time. Fortunately, these encounters tend to be brief and somewhat painless. Sometimes, however, they are not. What started as a simple traffic stop may quickly escalate into something more. This blog provides a brief overview of your rights during a traffic stop.
The Fourth Amendment protects against “unreasonable searches and seizures.” A seizure, for Fourth Amendment purposes, occurs ... Read More
03
Oct2019
27
Sep2019
The short answer is no. You are not required to talk to the police at any point in time, even if you are charged with a crime. You are, however, required to provide officers with your name if asked, but beyond that, you do not have to answer questions. This blog covers a basic overview of police encounters and your rights during the same.
The Fifth Amendment of the United States Constitution provides you with two powerful weapons ... Read More
25
Sep2019
Unfortunately, the answer is, it depends. Generally speaking, police officers are required to obtain a warrant from a neutral magistrate before conducting a search or seizure. Evidence obtained in violation of this general rule is excluded at trial by a motion to suppress. There are, of course, exceptions that you should be aware of to avoid unnecessary risk. This blog provides a brief explanation of the warrant requirement, looks at the exceptions, and most importantly, illustrates the importance of good trial counsel.
The Fourth Amendment of ... Read More
24
Sep2019
Parents constantly worry about their children. The problem is magnified when the threat of harm to the children comes from your ex (or biological parent) as like you, they too have a fundamental right to raise their children. However, courts treat abuse—particularly physical abuse very seriously— as they are charged with always looking out for the children’s best interests. This blog covers legal tools you may engage to obtain “protection” for you children to key evidence you may need to make your case.
Depending ... Read More
21
Aug2019
The Fourth Amendment of the United States Constitution protects individuals from illegal searches and seizures. This means that when police officers illegally conduct searches or illegally seize items, evidence obtained as a result of the illegal search or seizure cannot be used against the individual to convict them. Most illegal searches occur in the absence of a search warrant, but, not every warrantless search will justify a Fourth Amendment violation. There are exceptions ... Read More
08
Aug2019
The Fourth Amendment of the United States Constitution protects you from illegal searches and seizures. This means that when police officers illegally conduct searches and illegally seize items, evidence obtained as a result of the illegal search and/or seizure cannot be used against the individual to convict them. The starting point in determining whether the search or seizure was illegal depends on the circumstances. To claim that there was an illegal ... Read More
27
Jul2019
Indiana's Safe Haven Law promises anonymity, but are there exceptions? Ciyou & Dixon, P.C. Family Law Attorney, Julie C. Dixon speaks with RTV6 Indianapolis about this complicated issue.
25
Jul2019
The Indiana Court of Appeals made it abundantly clear that if you want to interfere with a criminal proceeding by refusing to testify and do so with a grant of immunity, you will go to jail. A key new case on this rule is the topic of this blog post.
In Michael Leroy Tunis v. State of Indiana, 2019 Ind. App. LEXIS 322, Tunis was called upon to testify against Samuel Jude Clark in Clark’s trial for alleged ... Read More
24
Jul2019
As feds crackdown on 'straw sales,' other illegal gun sales remain harder to track. Ciyou & Dixon, P.C. - Firearms Attorney, Bryan L. Ciyou speaks with Channel 13 Eyewitness News about straw purchases of firearms.
16
Jul2019
Most of us have heard the term Miranda warning at some point in our lives, but what are Miranda warnings? When do they matter? In a nutshell, Miranda warnings come into play when an individual is taken into police custody. Police are to give an individual his or her Miranda warnings before interrogating the individual. Miranda warnings, such as the right to remain silent, are designed to put an individual on notice of his or ... Read More