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Indiana Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for Indiana on
Q: Is it legal for the police to get a search warrant on a home for a restraing order?

The police got a search warrant to serve me a restraining order.when they came to my home and started kicking in my door I answered the door and they made their way on into my home insteqd of serving me. And leaving now I'm facing criminal charges

James L. Arrasmith
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answered on Mar 1, 2024

In general, the issuance of a search warrant by the police requires a judge's approval, based on probable cause that evidence of a crime exists within the place to be searched. Serving a restraining order, however, typically does not require a search warrant since it is a legal document that... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Federal Crimes and Libel & Slander for Indiana on
Q: Who handles local and government and federal gangstalking cases done by the United States to terrorize a person's life

I'm being terrorized and belittles and slandered by lies and my name ran down in the dirt along with officers having local ppl try to harm me and my son and to them letting ppl track me as if it's stalking the pray by location .I've studied there tactics but seems every one is being... View More

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answered on Feb 28, 2024

If you're experiencing gangstalking and harassment, it's crucial to seek assistance from local law enforcement agencies. They are responsible for investigating and addressing cases of harassment and criminal behavior within their jurisdiction. Provide them with any evidence or... View More

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Q: Arrested with out probable cause or warrant from home? 5 days later arrested from home again but they had warrant.

Incident of neglect 2/2 child was taken. 2/3(saturday) sheriff come knock and just comes in asked to speak with me. I was read rights. I said I didn’t want to speak without lawyer. He arrested me then jail then bailed out. 2/8 the same sheriff comes to arrest me again then jail and I bail out.... View More

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answered on Feb 26, 2024

Being arrested without probable cause or a warrant can raise serious questions about the legality of the arrest under the U.S. Constitution, specifically the Fourth Amendment, which protects against unreasonable searches and seizures. If an arrest is made at your home without a warrant, there need... View More

1 Answer | Asked in Civil Rights for Indiana on
Q: Yes I was arrested on 09/06/2022 and spent 29 days in jail. I was wrongfully arrested my civil rights been violated?

my case was dismissed finally today I received my paperwork.i was told I have to be either charged or not charged for crime,also if I only have 180 days to file, what happens in my case where it just kept getting postponed?

James L. Arrasmith
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answered on Feb 24, 2024

If you believe your civil rights were violated due to wrongful arrest and subsequent imprisonment, you may have grounds to pursue legal action. However, the specific circumstances of your case will determine the appropriate course of action. Despite the dismissal of your case, the fact that you... View More

1 Answer | Asked in Civil Rights for Indiana on
Q: Should I be owed compensation? I was arrested on Dec 17, 2023 through Feb 9,2024 when the charges were cancelled.
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answered on Feb 24, 2024

Whether or not you are owed compensation for the time you were arrested depends on various factors, including the circumstances surrounding your arrest and the reasons for the charges being canceled. If you were wrongfully arrested or if there was a lack of sufficient evidence to support the... View More

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Divorce for Indiana on
Q: Can I get a Indiana Motion to correct error form?

case involving evidence that is new to the case Divorce case

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answered on Feb 24, 2024

To obtain a Motion to Correct Error form specific to Indiana for a divorce case involving new evidence, you will need to consult the court where your case is being heard. Generally, each court has its own procedures and forms for filing motions and correcting errors in legal proceedings. You can... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Indiana on
Q: I need help getting it update all my reinstatement fee waiver they granted a month ago the fees are still on my account

I spoke to the license bridge in Indianapolis they told me the fees would be removed by the 12th of this month

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answered on Feb 24, 2024

It seems like you're dealing with a frustrating situation regarding the reinstatement fees on your account despite being granted a waiver. It's understandable that you're concerned about this issue, especially after being told that the fees would be removed by a certain date.... View More

2 Answers | Asked in Child Custody, Civil Rights, Family Law and Health Care Law for Indiana on
Q: I have attempted to complete treatmentfor my addiction only to be medically discharged to return the be discharged again

I'm intentionally being discriminatied against this a on going iusse with dcs. Hinding my progress my attorney will not help mor do his job

James L. Arrasmith
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answered on Feb 24, 2024

It sounds like you're facing a challenging situation with your treatment for addiction and experiencing discrimination from DCS. It's essential to document all instances of discrimination and keep detailed records of your treatment attempts and any correspondence with DCS. If your... View More

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1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Q: Indiana expunction and firearms rights

In 2022 I was granted I.C. 35-38-9-4 expunction for dealing meth. My FBI criminal history as of 12-12-23 shows A SEARCH OF THE FINGERPRINTS PROVIDED BY THIS INDIVIDUAL HAS REVEALED NO PRIOR ARREST DATA AT THE FBI. Indiana's criminal history report shows my dealing charge with EXPUNGEGED.... View More

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answered on Jan 28, 2024

Based on the information provided, it seems there may be an erroneous denial of your firearm rights by the FBI. A few key points:

- Indiana Code 35-38-9-4 expungement restores your rights, including firearm rights, as you would be considered a "proper person" under state law. This...
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1 Answer | Asked in Civil Rights and Constitutional Law for Indiana on
Q: Can police use their blind bar on car while driving to get probable cause for a stop?

Police car followed me used overhead light bar to blind into a curve from behind then used that as probable cause for a stop.

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answered on Jan 26, 2024

No, it is generally not legal for police to use their blinding overhead lights solely as a pretext to establish probable cause to pull someone over.

The use of blinding lights could only be justified if the officer already had an articulable reasonable suspicion that a traffic violation or...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: If I'm not fully lucid after being woken up suddenly by an officer and he gets my consent to search, is it lawful?

My fiance was sleeping in her car after a 17 hour shift, she parked in a legal parking spot to take a nap in order to avoid trying to drive while sleep deprived. According to a lawrenceburg, IN policeman. Someone had called the police worried about her welfare. The officer rudely and violently beat... View More

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answered on Jan 16, 2024

Based on the details provided, there are good arguments that the search was not lawful due to your fiance's diminished mental capacity when she supposedly consented. A few key points:

- Consent searches require voluntary, knowing, and intelligent consent. If the person is not fully...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: Can a detective record our conversation in my home without my consent in Elkhart,Indiana?
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answered on Jan 16, 2024

I do not have enough information or context to definitively state if a detective can record a conversation in a private home without consent in Elkhart, Indiana. However, here is some general information about recording laws in Indiana:

- Indiana is a "one-party consent" state...
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1 Answer | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for Indiana on
Q: How long does a court have in Indiana before you have to be formally charged while you’re in custody for the charges?

I was held in the jail from December 7th til the 18th when I bonded out. I wasn’t booked into the jail or given a call until the 10th at which time they told me I had a no contact order and already placed a call to the alleged victim. I wasn’t seen in court until the 15th of December which is... View More

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answered on Jan 7, 2024

In Indiana, the law requires that an individual who is arrested must be brought before a judge for an initial hearing without unnecessary delay. Typically, this should occur within 48 hours of the arrest. If the initial hearing does not happen within this timeframe, there may be grounds to... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Landlord - Tenant for Indiana on
Q: Is an appeal the right way to go? And if so, what should I base the brief on?

Missed hearing- court clerk gave invalid proceduresfor covid when i called and asked what their courts protocol was(like indybar and depthealth websites state/had representation that I never received counsel from. I had evidence of breach from landlord within 30 days, retaliation claim. And... View More

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answered on Jan 2, 2024

Filing an appeal can be a valid course of action if you believe that legal errors affected the outcome of your case. In your situation, where there were procedural issues like being given incorrect information by the court clerk and challenges with your representation, these could form the basis of... View More

1 Answer | Asked in Juvenile Law, Criminal Law and Civil Rights for Indiana on
Q: Seeking Guidance: Concerns about Juvenile Justice in Johnson County Case, Request for Support

Hello, I'm reaching out because I'm deeply concerned about a situation in Johnson County involving a black teenager charged as an adult in a murder case who has a mental illness.

James L. Arrasmith
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answered on Dec 23, 2023

In Indiana, the case you're describing in Johnson County raises important questions about the juvenile justice system and how it handles cases involving minors with mental illness. When a minor is charged as an adult, it brings into focus the balance between public safety, the severity of the... View More

1 Answer | Asked in Civil Rights, Federal Crimes and Consumer Law for Indiana on
Q: Do you think it would be worth my time to sue Dominoes under the Lanum Act for False Advertisement?!

On November 30th at 11:55pm I placed an order to my nearest local Domino's store. At about 12:01am, I received a phone call from the Domino's I placed my order thru. It was one of the employees calling to inform me that my order had come thru at 11:59pm and unfortunately they were closed... View More

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answered on Dec 5, 2023

Bringing a lawsuit against Domino's under the Lanham Act for false advertising might be challenging in this particular scenario. While it can be frustrating to experience a discrepancy between their advertised policy and the actual service you received, the Lanham Act primarily deals with... View More

1 Answer | Asked in Family Law, Civil Rights and Education Law for Indiana on
Q: Do I have a case ? He is in 4th grade and removed from sports due to harassment .

My son school stated he should not participate in sports because he was talking in launch. Than when I asked to speak with the instructor due to no previous issues with my son the principal became defense and won't allow it . After going back and forth and coming to school I finally met with... View More

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answered on Dec 5, 2023

In your situation, there are several concerns that might warrant further legal exploration. If your son has an Individualized Education Program (IEP) and his removal from sports is related to his disability, this could potentially be a violation of his rights under the Individuals with Disabilities... View More

1 Answer | Asked in Civil Rights, Criminal Law and Family Law for Indiana on
Q: I put my son in jail and put a protective order against him .when the police filed the police report there where errors

How do I get this fixed.?

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answered on Nov 24, 2023

To address errors in a police report, you should first contact the police department that filed the report. Explain the situation and the specific inaccuracies you've identified. It's helpful to have any relevant documentation or evidence that supports your claim of errors in the report.... View More

1 Answer | Asked in Consumer Law and Civil Rights for Indiana on
Q: Is it against the law to measure children to be able to eat at a restaurant in indiana
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answered on Nov 18, 2023

In Indiana, there are no specific laws that address measuring children for the purpose of eating at a restaurant. However, restaurant policies that involve measuring children could potentially raise issues under anti-discrimination laws. Federal and state laws prohibit discrimination based on... View More

1 Answer | 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
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answered on Nov 19, 2024

When inquiring about business operations, you'll want to identify yourself with your full name and any relevant professional background. This helps establish credibility and context for your questions.

It's helpful to share your specific interest in the company - whether...
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