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Indiana Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law for Indiana on
Q: Who can help me when my constitutional rights are being violated?

There are currently audio AND video devices in my home. 100% true.

Tim Akpinar
Tim Akpinar answered on Nov 3, 2019

I'm sorry for your difficult situation. Constitutional issues generally involve action on the part of the state; but that isn't really important. It sounds like an uncomfortable situation, and whatever it is that you might pay an attorney to do - injunction, order, or what else, it could make more... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Indiana on
Q: Is it required for police to leave a receipt of items removed from a home during a search warrant?

Both occupants were home when warrant was served for specific items to be obtained, but only one of the two received a copy. 11 days have passed and still no knowledge of what was removed from the home, but two specific items missing from home had nothing to do with the investigation. Feels as... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Sep 30, 2019

The Search Warrant should have a case number at the Clerks Office, the police would also file a Return of Search Warrant detailing the items removed. The return is to be filed in the same case as the search warrant

1 Answer | Asked in Constitutional Law for Indiana on
Q: is it illegal for a fire station to exit into an alley way
Tim Akpinar
Tim Akpinar answered on Apr 13, 2019

It's hard to think of a reason why this might be illegal. You could double-check with Indiana building, environmental, occupational health, fire & safety codes, as well as local municipal or town codes.

Tim Akpinar

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Indiana on
Q: Do charges for invasion of privacy violating a NCO stand, the seperate case ordering the nco is dismissed and terminated

Different cases

Paul Stanko
Paul Stanko answered on Apr 9, 2019

If the NCO was valid and in effect at the time of the new offense, then having the underlying NCO terminated later has no impact on the later charge.

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for Indiana on
Q: feb 2009 Indiana I was charged voluntary man slaughter n2013 stand ur ground was passed can I get my felony removed ??

I was attacked the guy swung I swung back hitting him 3x he later died from heart complications I was charged with voluntary man slaughter the guy was 6’3 330 I’m 5’10 150. I was only protecting myself from him is there anyway I can get the felony dropped because in 2013 stand ur ground was... Read more »

Paul Stanko
Paul Stanko answered on Mar 11, 2019

Stand your Ground does not apply retroactively.

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1 Answer | Asked in Criminal Law and Constitutional Law for Indiana on
Q: If a person that is visiting my home has a warrant, do the police have the legal right to stand by my windows

And listen in my home to try and hear that person speak? Then demand I open the door or they will bust it out if I don't then upon entering begin to search with no warrant then cuff me for saying to stop

Andrew L. Bennett
Andrew L. Bennett answered on Nov 7, 2018

If the person is visiting and has no possessory interest in the home and the warrant lists another address then the police cannot force their way in unless they get a new search warrant that lists your address.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: F6 cass County. $5000 cash onlyno reduction,chief prosecutor was PD in 2013 6years incarcerated venue laws bond laws

First offense domestic battery

strangulation. Higher then normal band requested by prosucution cause of knowing the defendant is there someone i can write the cass county judicial is playing by there own rules something needs done. They changed prosecutor but still same office still being... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Sep 20, 2018

You can ask the judge for a special prosecutor.

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Indiana on
Q: Does the police have the right?

Do the police have the right to run my car’s tags if it’s parked at a residence ? 1:30am me and my son seen 2 police cars parked and talking, witch neither one was facing the roadway nor had there lights on, they soon pulled out as I pulled into a driveway, the cop asked me about my license... Read more »

Gary Kollin
Gary Kollin answered on Aug 26, 2018

In general, there is nothing illegal about running a tag. Whether the police had a right to enter on your property is another question.

Generally the front yard has a limited expectation of privacy.

For instance, if the police knew your name, nothing prohibits them from running your...
Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Indiana on
Q: Did the police cross the line?

The police were called on my ex-wife because a neighbor’s kid said she hit him. They wanted to exam my 11 year old autistic son for sexual abuse when they were here. She said no but they had him take his pants off and examined him anyway, on the front porch of the apartment in plain sight of... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Jul 13, 2018

It sure sounds like they did.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: Can I sue the Police department narcotics department for drug raiding my house I wasn't person on the bodily warrant I

was arrested and put in jail for 4 days charged with a felony and mistometer, my lawyer got case dismissed for invalid search warrant, invasion of privacy. I was evicted charged 3000 for damages the 15 narcotics officers done knocking down doors and destroying house. I have been tuned down jobs,... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Jul 13, 2018

It sounds like you may have a case, I would suggest the 'find a lawyer' feature on Justia to find an attorney in your area that handles suits against police, called 1983 actions. Also be mindful that you have a short window in order to put the department on notice, which I believe is 180 days from... Read more »

1 Answer | Asked in Traffic Tickets and Constitutional Law for Indiana on
Q: Are the black and white speed signs for commercial vehicles, therefor I don’t have to follow them in a private vehicle

private vehicle is my own personal car

commercial vehicle is a semi, taxi, limo, etc

Andrew L. Bennett
Andrew L. Bennett answered on May 8, 2018

The speed limit signs apply to all vehicles unless there is a specific truck speed, which would be posted below the posted speed limit sign.

1 Answer | Asked in Civil Rights, Constitutional Law, Real Estate Law and Landlord - Tenant for Indiana on
Q: What is considered a reasonable time when showing a house (to potential buyers) that is occupied by renters? M-F? wkend?

what is considered reasonable? is a Saturday or Sunday morning at 10am a reasonable time for the real estate agents to show a property if said property is currently being rented? is it legal for the tennants to only allow that it be shown M-F only?

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Mar 26, 2018

Unless you stipulated otherwise in the lease agreement, you can basically show the house whenever you want, provided that you give advance notice and the hours are reasonable. Having a showing during normal business hours is perfectly acceptable, weekday or weekend. Be nice about the process and... Read more »

1 Answer | Asked in Constitutional Law and Criminal Law for Indiana on
Q: In Indiana isn’t it illegal for police to question a 9 yr old girl not allowing school to contact parents

Can parole & police search my home if a 9 yr old allows entry when homeowner isn’t home

Andrew L. Bennett
Andrew L. Bennett answered on Mar 6, 2018

Without knowing more fact and going simply on what you state it sounds like there are some constitutional issues. If this involves you, you should consider having a consultation with an attorney very soon.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Indiana on
Q: East side of Indianapolis,IN. Police refuse to charge or arrest. Can i demand the police to perform a citizens arrest?

Live on East side guetto of Indy but my husband i are proffesionals with no criminal record. Proud gun owners with license to carry. Earlier this year a guy(age 24) and 2 kids broke into the 3rd house down from mine. I witnessed the crime. Reported it. They came out and spoke to the 3 criminals and... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Dec 27, 2017

Your options are to ask to speak to the supervisors of the officers or the chief of police. Another option would be to contact the prosecutors office and schedule an appointment to speak with a prosecutor. Have you also contacted the local media?

1 Answer | Asked in Constitutional Law and Traffic Tickets for Indiana on
Q: Can you be pulled over in your driveway if you never saw the police officer, they never had on their lights or sirens.

Here is the rundown, I was a block from my home and pulling up to a stop sign, as I was approaching the stop sign I turned on my signal made a complete stop. Before proceeding I looked down and saw I did not have my wallet, I proceeded to turn and then make a immediate right(I signaled there was... Read more »

Paul Stanko
Paul Stanko answered on May 20, 2017

Legal? Yes. The cop apparently had a valid pretext for initiating the encounter. You had every right to refuse to answer his questions.

1 Answer | Asked in Criminal Law and Constitutional Law for Indiana on
Q: I'm 16 and my boyfriend is 20 if he gets me pregnant can he be charged with anything or go to jail.?
Paul Stanko
Paul Stanko answered on May 11, 2017

The age of consent is 16. Just getting you pregnant would not be a crime.

1 Answer | Asked in Education Law and Constitutional Law for Indiana on
Q: Can the school force us to stand during the pledge of allegiance?

Due to recent events with the election and Trump winning, students have chosen to peacefully protest by sitting down during the pledge of allegiance. Today, 11/10, the vice principal came inside my classroom after the pledge of allegiance and stated that we will stand during the pledge and if we... Read more »

Paul Stanko
Paul Stanko answered on Apr 16, 2017

The Vice Principal should discuss his policy with the school attorney. If you do get "written up", consult an attorney. While it seems futile to protest the election after the fact, that does not deprive you of the right to peacefully express yourself politically.

1 Answer | Asked in Education Law, Civil Rights and Constitutional Law for Indiana on
Q: What can be done about my son feeling intimidated and anxious by a teacher that violated another students rights?

The teacher stopped the class and berated a student for not reciting the Pledge of Allegiance for about 20 min. Then punished him by not allowing him to participate in class. My husband was raised as a Jehovah's Witness. My son feels like he must say it or be ridiculed. It caused anxiety along with... Read more »

Paul Stanko
Paul Stanko answered on Apr 16, 2017

If you have complaints about a public school teacher, take it up with the school board.

1 Answer | Asked in Constitutional Law, Criminal Law and Domestic Violence for Indiana on
Q: Can I get charge with a domestic violence charge if my girl lied on me Sunday and Tuesday I run into the police th

They lock me up Tuesday because my girlfriend made a report Sunday. But they never issue a warrant I just ran into them then I had to talk to a detective I told I want a lawyer still lock me up out on bond I just hired my lawyer today!

Paul Stanko
Paul Stanko answered on Feb 23, 2017

If you were arrested you can expect charges to be filed. Since you talked to a detective before getting counsel, you already made one mistake. Discuss your options with your attorney and follow his/her advice!

2 Answers | Asked in Gov & Administrative Law, Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: My friend just found out that he has a warrant in the State of Indiana but was never served?

It even says online that the papers were returned because no one was there to sign.

Paul Stanko
Paul Stanko answered on Feb 8, 2017

The best thing to do is contact a criminal defense attorney who handles cases in that county. If there is an active warrant, or a pending case, the attorney can help your friend from there.

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