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11

Oct2018

Breaking News: Indiana Supreme Court Adopts “Attenuation Doctrine” Into Indiana’s Constitutional Law

October 11, 2018 / Appellate Practice, Criminal Law, Supreme Court
One key aspect of the American legal system is the prohibition against warrantless searches of your home. As you may know, police officers cannot search your home without first obtaining a search warrant. This embodies the English common law notion and societal view that your home is a special place—your castle—and should only be subject to search under a high legal standard. But what happens if a police officer does not first obtain a search warrant? Or searches the wrong house? The general rule is that any evidence of criminal activity obtained ... Read More

09

Aug2018

A Sweeping Change in The Law: Today Illicit Drug Use Became the Same as Drug Possession

August 9, 2018 / Criminal Appeals, Criminal Law
On Wednesday, August 8, 2018, a decision1 was handed down by the Indiana Court of Appeals that is poised to dramatically increase the number of drug charges and convictions. This is alarming since the headlines of Indiana’s news stories continually recount the State’s “opioid crisis”. At the same time, statistics reflect county jails and Indiana’s prisons are “full” of inmates with drug convictions, at a significant burden to the taxpayer. This stands in contrast with compelling arguments and scientific evidence that other than stopping violence, drug issues are best dealt within the ... Read More

30

Jul2018

What You Need to Know About Snapchat: You May be Accountable for Illegal “Snaps”

July 30, 2018 / Criminal Law, General Practice
In Indiana, and in virtually all other courts across the United States, attorneys and judges have “wrestled” with evidentiary issues surrounding social media (is it admissible?) in all sorts of ways in civil and criminal cases: How do you authenticate something is actually real (versus fabricated) in cyberspace, never existing in a tangible form? Many of these questions have been addressed by trial and appellate courts. Now Facebook posts are routinely authenticated and used in civil and criminal courts; some courts have even allowed a spouse to a divorce to serve divorce ... Read More

15

Feb2018

What You Need to Know About Police Traffic Stops…

February 15, 2018 / General Practice
Searches of Your Home and Suppression of Illegally Obtained Evidence Every citizen is protected from unlawful searches and seizures of his or her person or property by the Fourth Amendment of the U.S. Constitution. This strikes the balance between individual freedom and the needs of law enforcement to protect society as a whole. Where most of us encounter the Fourth Amendment is with a police traffic stop. About everyone has been pulled over for speeding and received a warning or ticket. This blog covers what ... Read More

06

Nov2017

Sex, Drugs, Gambling and Rock ‘n Roll: What the Divorce Court Can Do If a Spouse Wastes Marital Assets?

November 6, 2017 / Division of Assets, Divorce, Hidden Assets in Divorce, Property Division
Marriages fail for many reasons. There are no longer fault-based divorces in America. This means that a spouse no longer has to prove “fault” such as adultery—an affair--to obtain a divorce. This is a different legal concept than “waste”—when a spouse uses assets and monies to support illicit or illegal acts that reduce the amount the trial court has to divide in a divorce. The presumption is an equal division on divorce. This blog post introduces the complex legal analysis that ... Read More