Most of us have heard the term “probable cause.” But what is it? When does it apply? Who makes the determination? These are all questions we hear frequently from our clients. In this blog, we look to provide a brief overview of probable cause in a criminal case, and when it applies. Under the U.S. Constitution, as well as the Indiana Constitution, there is a provision that states, “no warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.”1 In a nutshell, this ...
Tag: criminal arrest
April 1, 2020CD
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 of this is what is known as a “pat-down” by Police Officers. A pat-down of your persons is technically ...
April 8, 2019CD
What You Need to Know About the Crime of Criminal Recklessness! Normally, incidents ranging from an auto accident to throwing a rock and hurting someone are civil matters. As a result, you may sue or be sued in civil court under a tort theory. Sometimes negligent acts are covered by auto or homeowner’s insurance coverage and sometimes not. However, at some indeterminate point, negligent acts cross the line and become criminal matters. Do you know where this line is at, and when your actions may be criminal, namely the crime of criminal recklessness?1 You should, unless you want to wind up ...
January 25, 2018CD
Several years ago, the Legislature passed an expungement statutory scheme to “expungement” or remove old felonies and other arrest and misdemeanor convictions occurring in Indiana from a person’s criminal history. Expunged crimes were basically removed from a person’s criminal history, with the exception of certain uses by law enforcement or in the case of subsequent crimes. These expungement statutes recognized people change over a long period of time. However, many remained “haunted” and limited in their daily life by an old criminal history. This is despite the fact that they had been model and productive citizens afterward. Most of us are ...
January 9, 2018CD
Permanency and stability are keys for children; Courts are mindful of this in considering all requests for custody modification in a child’s best interests. For this reasons, Indiana trial courts and attorneys are reluctant to entertain “emergency” motions for child custody modification in all but extraordinary situations because this is incongruous with taking the time to allow the attorneys to develop the evidence and present the case. However, there are four somewhat common situations where a trial court may set an emergency hearing and modify custody, if the right evidence is present: (1) criminal arrest or conviction; (2) drug or alcohol ...
November 23, 2016Adam Hayes