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Indiana Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Traffic Tickets for Indiana on
Q: At a traffic stop, are police allowed to search my purse without my consent/prob cause?

I gave consent to search my vehicle but they just took my purse from me as I was stepping outta my car & without asking or anything, proceeded to search it, which led to a drug charge. But I feel as if they violated my rights.

Andrew L. Bennett
Andrew L. Bennett answered on Nov 30, 2020

If they did not have probable cause to search the vehicle or your purse, but you gave consent to search the car, there may be an issue with consent to search your purse. Contact a local defense attorney to discuss the case in more detail.

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Indiana on
Q: I need assistance obtaining case records from the county court house in reference to filing for compensation

House Bill 1150

Tim Akpinar
Tim Akpinar answered on Sep 6, 2020

This is really something that an Indiana attorney would know best, but you await a response for four weeks. As a general matter, without regard to the type of case, court clerks can sometimes assist in obtaining file documents. However, in many places, COVID has changed some of the... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Indiana on
Q: Can the police pull me over just to talk to me
Andrew L. Bennett
Andrew L. Bennett answered on Aug 21, 2020

Assuming you are not a CDL operator and in a commercial vehicle, no, not without a valid traffic violation.

1 Answer | Asked in Constitutional Law, Criminal Law and Cannabis & Marijuana Law for Indiana on
Q: friends house was Searched with a warrant they found illegal items and substance they both felons y didnt arrests them
Anthony M. Avery
Anthony M. Avery answered on Aug 5, 2020

Alot of times the LEOs either request Charges to be issued sometime after the Search Warrant Execution, or they try to work out a Sentence to bring to the Court for entry. Very often the citizens searched cooperate with the LEOs to incriminate others, and receive lighter Sentences therefor.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: Can Indiana hold inmate longer than 30 days on extradition warrant out of Oklahoma?

No charges in IN. 3 misdemeanor charges from OK. What to do if inmate is not released?

Andrew L. Bennett
Andrew L. Bennett answered on Aug 3, 2020

The person needs to file a motion with the court where they are being held asking they be released. Also someone should advise the correct county in Oklahoma that the person is in-custody in Indiana and request they start the extradition process.

1 Answer | Asked in Civil Rights, Constitutional Law, Construction Law and Consumer Law for Indiana on
Q: can I run away if I don’t feel safe in my house ?

My mother blames us for the way her boyfriend treats her they fight all the time the last fight they had he called my mom crazy and then he called me crazy when me and my mom get in fights she thinks it ok to put her hands on me last time she put her hands on me I threatened to call the cops and... Read more »

James Avery
James Avery answered on May 7, 2020

A better option might be to call County Dept of Social Services and make a report, they will find you a safe home if necessary.

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: Covid-19 early release. How do I go about doing this before it is to late?

He is a non violent offender with under a year of time left. His name is Jamie Wacasey and he was arrested and charged with driving while suspended. He was traveling to walmart for children's tylenol when he was arrested. We are all very worried about him and this virus rapidly spreading... Read more »

Mike Cunningham
Mike Cunningham answered on Apr 17, 2020

Sorry to hear about this. You should consult with a criminal defense attorney as soon as possible to consider his options. There are motions that can be filed on his behalf to try and get him relief during this scary time. Good luck!

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: I was charged with felony and in plea agreement was moved down to misdemeanor after probation and was denied firearm

I was charged with 2 felonies. Possession of marijuana and distribution. Happened in February of 2018. In my plea agreement that I signed it said my felony charges were to be moved down to misdemeanor after I did one year probation and 40 hours community service. I completed both things and... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Feb 1, 2020

Go to IN.gov and run your criminal history, there is a fee, and see what is documented. It may be a clerical error.

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... 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... 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 »

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