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...
An Unregistered Hotel Guests Does Not Have An Expectation Of Privacy!
Question: Are the Police allowed a warrantless entry of a hotel room of an unregistered guest? Answer: Yes, since the unregistered guest does not have a legitimate expectation of privacy in the prem...
COP + GUN = ARREST?
Question: Does the pulling and pointing of a gun by an officer always mean an arrest has occurred? Answer: No, officer may have reasonable suspicion the person is armed. In 2011, the 911 dispatcher...