What makes our society safe (police) and free (doing what you want) is the delicate balance of power created by the Fourth Amendment to the United States Constitution. For Hoosiers, there is also a balance of power created by Article 1, Section 11 of the Indiana Constitution.
A topic not well understood but in the daily news is when the police act (or fail to act). For police and citizens there is no agreement in any given case, but do ... Read More
09
Aug2017
24
May2017
A great deal of criminal law turns on bedrock constitutional tenets set forth in the United States Constitution, in particular, the Fourth, Fifth and Sixth Amendments. Anytime police are searching your car or home, the Fourth Amendment applies in several ways. One of the misunderstood concepts is protective sweeps for officer safety, a topic again just addressed by the Indiana Court of Appeals.
Obviously, at this time with police officers in some areas being targeted, it makes sense that in a stop of a car or ... Read More
06
Apr2017
Suppression of evidence in a criminal case has always been a controversial topic and legal remedy. An example would be suppression of a firearm found on a felon after he or she is stopped and searched. It is illegal and a criminal act for a felon to possess a firearm under state and federal law, and standing alone, is criminal and should result in a conviction.
The reason evidence is suppressed, such as this hypothetical firearm on a felon, is to ... Read More
23
Mar2017
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 ... Read More
09
Mar2017
Maybe and Maybe Not!
Criminal prosecution and defense, as with the rest of law and society, has become complex. Thus, even routine criminal cases should be pair an accused with an informed and skilled defense counsel. The Indiana Supreme Court’s recent case on Miranda warning in a field sobriety checkpoint reflects this need.
Typically, during any police detainment of any duration and questioning, Miranda warnings apply. However, in State v. Brown, the Indiana Supreme Court ruled consistently with ... Read More
04
Feb2016
Our society is one of the greatest in history because of our fair and impartial legal system. To ensure the proper balance between the citizenry and police officers, those suspected of crimes are not required to give incriminating statements and have the right to counsel.
At the time a person is stopped by the police or arrested he or she should exercise these rights: remain silent and ask for an attorney. This does not mean to be rude ... Read More
21
Oct2015
After a massive police shoot out with a mentally ill person, Indiana passed a law that allows police officers to confiscate firearms from a person they think is a “dangerous person.” This usually occurs because of a police 911 call. If your firearms are sized in that way, you are entitled to a hearing in a short time to determine if you are a “dangerous person” and if your firearms may be retained.
At the first hearing, the burden is on the State to prove this. This ... Read More
08
Oct2015
What Is a Civil Protective Order and When and Why to Consider Challenging or “Fighting” It in Court?
Over the years, certain societal problems generate enough public awareness that a concentrated legislative and law enforcement focus begins. These ordinarily gain traction and more awareness by campaigns by various non-profit groups that fund such. Drinking and driving is perhaps the most obvious example.
Within certain domestic relationships, there is higher than average violence rate and domestic violence is now a similar topic of similar intense social focus. Indiana passed into law the Indiana Civil Protection Order Act several years ago that ... Read More