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Indiana Constitutional Law Questions & Answers
0 Answers | Asked in Constitutional Law, Traffic Tickets and Criminal Law for Indiana on
Q: How to handle unwarranted search and issuance of ticket?

On April 18, 2025, around 11:14 a.m., our vehicle was pulled over by a Lagrange County Sheriff’s Department officer, who stated we were doing 71 in a 55 mph zone. The officer asked if there was any weed in the car and wanted to search the vehicle. I questioned if a search warrant was needed, but... View More

1 Answer | Asked in Constitutional Law for Indiana on
Q: Is retroactive application of abortion as murder possible in Indiana?

If a law was already in place in Indiana that states murder is illegal, and years later, the state adds abortion as a type of murder, would this apply retroactively since murder has always been illegal?

James L. Arrasmith
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answered on Apr 13, 2025

Retroactive application of a law is generally not allowed in criminal cases due to constitutional protections. In the United States, the Constitution prohibits ex post facto laws, meaning you cannot be prosecuted for an act that was not considered a crime at the time you did it. If a state, such as... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Indiana on
Q: Can Indiana's HB 1334 (2025) apply retroactively to past legal abortions?

If a woman in Indiana had a legal abortion while Roe v. Wade was still in effect, and Indiana House Bill 1334 (2025) subsequently categorizes abortion as a type of homicide, would this law apply retroactively to women who had legal abortions at that time, given that ex post facto laws don't... View More

James L. Arrasmith
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answered on Apr 12, 2025

Indiana's House Bill 1334, introduced in 2025, redefines "human being" in the criminal code to include unborn children from the moment of fertilization. This change removes previous exemptions for certain abortions under homicide statutes and repeals the crime of feticide. The bill,... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Indiana on
Q: Can Indiana prosecute women for 2017 legal abortions under Roe v. Wade?

Can Indiana prosecute women who had legal abortions in 2017 while Roe v. Wade was still in effect?

James L. Arrasmith
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answered on Mar 28, 2025

You may be wondering if Indiana could prosecute you or anyone else for having a legal abortion in 2017 when federal law protected the procedure. Under the legal framework in place at that time, the procedures were lawful and supported by established constitutional precedents.

You should...
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2 Answers | Asked in Constitutional Law, Gov & Administrative Law and Traffic Tickets for Indiana on
Q: Why are people in Indiana being cited for not having gun permits despite permitless carry law?

I live in Indiana, where permitless carry was passed into law at least two years ago. Despite this change, individuals are still being cited during traffic stops for not having a gun permit, despite only being stopped for minor infractions such as speeding. Why is this happening?

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 11, 2025

Where are you getting your information on the people being cited; I would be interested to see the cases specifically. My guess, is there person being cited may not be a "proper person".

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1 Answer | Asked in Civil Rights, Constitutional Law, Civil Litigation and Criminal Law for Indiana on
Q: Can an officer testify twice after lying in a suppression hearing?

I am dealing with a situation where an officer lied at a suppression hearing in a case involving an alleged break-in. The officer's story was proven false by the defense lawyer, as the officer claimed actions such as visiting the house and contacting the alleged victim, which never occurred.... View More

James L. Arrasmith
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answered on Mar 24, 2025

This situation raises serious concerns about witness credibility and judicial fairness. When an officer is proven to have provided false testimony in a suppression hearing, it doesn't automatically prevent them from testifying again, though it significantly damages their credibility. Courts... View More

2 Answers | Asked in Constitutional Law and Criminal Law for Indiana on
Q: Can a non-violent felon own a gun after 9th Circuit ruling?

I have a non-violent felony conviction from over ten years ago and have not pursued any legal proceedings since. I'm inquiring about the impact of the United States v. Duarte ruling by the 9th Circuit on my ability to own a gun. Can I now legally own a firearm?

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 11, 2025

It is uncertain how a 9th circuit case would impact someone living in the 7th circuit or any other circuit, until the S. Ct. hands down a ruling. Regardless, you may want to consider expunging your felony conviction and then going through the process of restoring your rights under IN law. This... View More

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1 Answer | Asked in Criminal Law and Constitutional Law for Indiana on
Q: My gfriend Defendant, is Jailed at Porter County, no charge hold indefinitely, posted bail, waiting for a bed at DMHA.

(Defendant, chrg F6), mother/18yr and 9yr, on Dec 16th 2024, while coming to court was arrested for Incompetent Commitment Order IC 35-36-3-1(d) to be taken to DMHA IC 12-26-6-8. Defendant was out on bail no violations. Defendant is non-violent & not determined to be danger.

- Sherriff... View More

James L. Arrasmith
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answered on Jan 21, 2025

You can file a motion for her immediate release with the court, arguing that the indefinite detention violates her constitutional rights under the Eighth and Fourteenth Amendments. Reference the rulings in *Jackson v. Indiana* and *Indiana v. Davis*, which establish that indefinite commitment due... View More

1 Answer | Asked in Constitutional Law for Indiana on
Q: The newly elected judge in my case, worked as the ada in the office that filed charges and now refuses to recuse himself

The newly elected judge in my case, worked as the chief deputy prosecutor in the office that filed charges and now refuses to recuse himself

James L. Arrasmith
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answered on Jan 21, 2025

It sounds like you’re dealing with a complex and frustrating situation. When a judge has a prior connection to a case, particularly one as significant as serving in the same office that initiated the charges, it raises concerns about impartiality. Judicial ethics generally require judges to avoid... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Small Claims for Indiana on
Q: Locked up for "your own good" but you were not threating harm others or yourself. Cop discretion was wrong.

What would you do if you got locked up in the mental hospital for walking on broken safety glass. You were clearly not threating anybody or yourself. But since that's up to the cops discretion, you're left with no choice but to go with them as you're told there's voluntary... View More

James L. Arrasmith
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answered on Jan 13, 2025

I'm really sorry you're experiencing this. It's important to reach out to a trusted attorney who can help you understand your rights and challenge any wrongful detention.

Consider contacting a patient advocate or a mental health organization for support and guidance through...
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1 Answer | Asked in Civil Rights and Constitutional Law for Indiana on
Q: What are all the likely violations violated if a red flag affidavit was submitted after the 48 hour window?

This occurred in Indiana. The weapons have been returned by the judge. My wife voluntarily gave my guns over while I was self admitted.

James L. Arrasmith
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answered on Jan 5, 2025

Submitting a red flag affidavit after Indiana's 48-hour window can lead to several procedural issues. The court may reject the affidavit outright because it wasn't filed within the legally required timeframe. This means the protective measures you sought might not be implemented as... View More

2 Answers | Asked in Business Law, Civil Rights, Constitutional Law and International Law for Indiana on
Q: If one asks a company about business generally what IDif any & why
Tim Akpinar
Tim Akpinar
answered on Dec 14, 2024

It could depend on the company and the nature of the business to be done with them. If it involves employment, companies could request copies of licenses or passports. Good luck

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1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Medical Malpractice for Indiana on
Q: I want to sue Jefferson County Jail in Madison Indiana for violating my 8th and 14th ammendment rights.

I was arrested on August 11th and when I was being booked in the jail I told the nurse I am on psychiatric medications for severe anxiety,mental illness,PTSD and seizures,I'm prescribed Kolodapin 3 1mg per day,Zoloft 200mg per day and Adderall 20mg twice a day and been on 3 8mg of Suboxone for... View More

James L. Arrasmith
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answered on Oct 29, 2024

I'm truly sorry you're going through this. It's important to reach out to a lawyer who has experience with civil rights and inmates' rights cases. They can guide you on the best steps to take and help protect your rights.

Make sure to gather all relevant documents,...
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2 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for Indiana on
Q: Look up case numbers 4:2024cv00033, 4:24-cv-00002, and 4:2024-cv-00032 can any one help me. Please

I was assaulted by 5 people. I was beat with a 5 ft metal pipe, beat with 2 Louisville slugger baseball bats, kicked and stomped up and down my body, and shot.

What lead to the situation was on September 16th 2021 my stepson died who was more like my real son his mother and I split up... View More

Charles Candiano
Charles Candiano
answered on Oct 15, 2024

This can't work unless you ask a question. You have not asked a question. Criminal charges must be filed against your wife/ex-wife. To be credible, the situation should have been reported to the police as soon as you had received necessary emergency medical care. Again, it is impossible... View More

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1 Answer | Asked in Constitutional Law for Indiana on
Q: Invasion of Privacy?

Recently broke up with a girl like a week ago to improve myself and save up enough money for an apartment for HER and I. I had learned that she was talking crap behind my back and sending nudes to other guys already after she had told me she would wait. So with the password she gave me. I logged... View More

James L. Arrasmith
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answered on Oct 9, 2024

Accessing someone’s private accounts without their permission can lead to legal issues. Even if she initially shared her password, using it after a breakup might be viewed as unauthorized access depending on the circumstances and local laws.

You could potentially face charges related to...
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1 Answer | Asked in Criminal Law and Constitutional Law for Indiana on
Q: If I was sentenced on the same cause number more than once that's Double Jeopardy right
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answered on Oct 2, 2024

Experiencing multiple sentences for the same case can be confusing and distressing. Double jeopardy is a legal principle that prevents you from being tried or punished more than once for the same offense. If you've been sentenced more than once for the same cause number, it might fall under... View More

2 Answers | Asked in Civil Rights and Constitutional Law for Indiana on
Q: Is telling your attorney that they have acted incompetent a reason for them to quit? He hasn't filed with the Court

I am having quite the hard time finding an attorney that is willing to take my case on Mid Stream

Tim Akpinar
Tim Akpinar
answered on Oct 6, 2024

Without knowing anything about your case or your attorney's performance on it, it's possible your words made your attorney apprehensive about further work on the case. Whatever the case might be, you could continue your efforts to find a replacement attorney, supplementing your searches... View More

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1 Answer | Asked in Criminal Law, Constitutional Law and Legal Malpractice for Indiana on
Q: What can I do if community corrections threatens me with police presence then my po threatens me with revocation
James L. Arrasmith
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answered on Sep 12, 2024

When community corrections or a probation officer threatens you with police presence or revocation, it's important to stay calm and understand your rights. Make sure you know the specific conditions of your probation or parole, as well as any recent accusations or violations they may be... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Indiana on
Q: Can local police in state A go to a county judge in state B to obtain a search warrant against a resident of state B?
James L. Arrasmith
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answered on Sep 8, 2024

When dealing with law enforcement across state lines, the process for obtaining a search warrant can be complex. Generally, police in one state (State A) cannot directly go to a judge in another state (State B) to obtain a search warrant against a resident of State B. Jurisdictional boundaries... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Indiana on
Q: My conviction was for battery only not domestic battery or domestic violence yet my CCW was revoked. Is this right?

I was deemed an improper person even though the conviction wasn’t domestic, from what I’ve read and been told this isn’t correct.

James L. Arrasmith
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answered on Sep 8, 2024

It sounds frustrating to have your Concealed Carry Weapon (CCW) permit revoked, especially if your conviction was for battery and not specifically domestic battery or domestic violence. Generally, revocations for CCW permits are tied to convictions that fall under specific legal categories, such as... View More

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