What Parents (And Those Around Children) Need to Know About Removal as Punishment and Its Connection to Divorce, DCS Investigations, And Criminal Charges Parents who have children heavily involved with the use of electronics have all probably observed a “meltdown” when devices are taken as a form of punishment. However, with a certain segment of children—even very young children—mainstream psychology publications began widely reporting in 2017 various psychological issues with detachment and depression with removing electronic devices from the child. Pre- and teenagers had some changes in behavior, but also took outrageous steps to seek the return of the devices on par ...
Tag: cell phone
April 30, 2018CD
In today’s digital age, a cell phone or hand-held device is basically a sophisticated hand-held computer as well as a primary means of communication. Given this, there is general uniformity in the law that to search a cell phone or computer, the police have to have probable cause and a search warrant, just like your home. This is guaranteed by state constitutions the Fourth Amendment to the United States Constitution and applies in all states,1 which is important if the state has a weak constitutional provision on search and seizure. The reason is clear, like your home, there is an expectation ...
June 8, 2017CD
In large part, criminal defense cases have remained unchanged since America was founded. Technological developments merely brought television reporting into the courtroom and changed the format of recording trials, from steno to taping trials (reel-to-reel courtroom recordings). However, the way cases were charged and defended remained unchanged. In 1986, advanced science made a big appearance in the criminal scene when DNA was used in England in a criminal prosecution. In the ensuing decades, DNA is reversing convictions from the 1960s and 1970s; and DNA results now are a routine part of criminal defense. Yet, not much else changed--until now: someone or -thing ...
May 11, 2017Adam Hayes
The Implications of Scotus Riley V. California Today, more than 90% of American adults carry cell phones (which are really mini-computers) and, by now, most are likely aware that these devices contain a digital record of nearly every aspect of their lives, from the mundane to the intimate. Some may assume this is private, but, the judiciary has helped to preserve our digital privacy, namely the U.S. Supreme Court’s 2014 ruling in Riley v. California that is still working its way into the law and requires a warrant for all cell phone searches after to arrest, absent an emergency like the phone might ...
March 23, 2017Adam Hayes
Most seasoned divorce attorneys observe common and avoidable mistakes parties make during divorce hearings (preliminary hearings or finals). Indiana has a strong and neutral judiciary. However, bad acts and these mistakes may factor into how a judges views a litigant as a parent. So try to avoid them. The first is something relatively new: wireless devices. Sitting in a courtroom and having your cell phone ring is a violation of most written local court rules. And it sends a signal (or can) to the court that something is more important to you than your hearing. Normally, a divorce has the ability ...
November 10, 2015Adam Hayes