Question: Can a former spouse keep money given to her by her ex-husband that was stolen from his employer? Answer: NO. Stephen McAninch stole over $4 million from his employer during and after his m...
Indiana Schools, Child Abuse and the Obligation of School Officials to Report.
Question: Does a school have a statutory duty to report child abuse? Answer: Yes. On November 9, 2010, G.G. was a 16 year old student that reported she had been raped in the boys’ bathroom by S.M....
Contempt Of Court Is The Disobedience Of The Court’s Authority, Justice and Dignity
In 2012, the State criminally charged Mr. Schultz and Ms. Wilson. Later, Wilson pled guilty and was sentenced to 6 years in prison. The State then filed a motion for grant of use immunity for Wilson w...
Your Constitutional Rights, Search & Seizure And Sobriety Checkpoints
Question: In Indiana, are sobriety checkpoints a per se unconstitutional search and seizure of potential drunk drivers? Answer: NO. In 1999, the police conducted a sobriety checkpoint in Mishawaka. ...
The 5th Amendment Does Not Protect You From Being Sued In A Civil Case When You Have Been Charged With A Crime!
Question: Can someone charged with a crime stay the civil case connected with that charged crime until the criminal case is over? Answer: Probably Not. On September 23, 2011, the State of Indiana fi...
Hammond Indiana’s Municipal Gun Regulation Is Void Pursuant To Indiana Law.
Question: Can you challenge a gun regulation that violates state law when it is not enforced and void as a matter of law? Answer: No, since you will not have standing without the regulation being en...
Trash Is Not Always Trash!
Question: Can the police look through your trash for evidence that you have committed a crime? Answer: Yes, if they have reasonable suspicion of illegal activity. In 2011, a detective interviewed ar...
Battery Is Battery, Even If Not Intended.
Question: Is the intentional throwing of a punch at one person, but hitting someone else still a battery? Answer: Yes. In 2009, the Defendant was involved in an altercation with his ex-wife, his chi...
The Police Can Use GPS To Track Your Pot!
Question: Can police insert a GPS device into an already opened package from UPS and track your movements with the package? Answer: Yes. In 2010, UPS alerted the police that they had found marijuana...
Insurer Can Enforce Arbitration Provisions In Its Policy.
Question: Can an insurer force its insured to arbitration instead of having their case heard by a jury? Answer: Yes, if policy allows for arbitration. This case arises from a motor vehicle collision...