Indiana Constitutional Law Questions & Answers

Q: If a person that is visiting my home has a warrant, do the police have the legal right to stand by my windows

1 Answer | Asked in Criminal Law and Constitutional Law for Indiana on
Answered on Nov 7, 2018
Andrew L. Bennett's answer
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.

Q: Does the police have the right?

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Indiana on
Answered on Aug 26, 2018
Gary Kollin's answer
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 name at any time

Q: Did the police cross the line?

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Indiana on
Answered on Jul 13, 2018
Andrew L. Bennett's answer
It sure sounds like they did.

Q: Can I sue the Police department narcotics department for drug raiding my house I wasn't person on the bodily warrant I

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Answered on Jul 13, 2018
Andrew L. Bennett's answer
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 the time they raided your house. If you miss the time frame you are precluded from moving forward with your case. Also you should look into an expungement of the criminal case if it was dismissed...

Q: Are the black and white speed signs for commercial vehicles, therefor I don’t have to follow them in a private vehicle

1 Answer | Asked in Traffic Tickets and Constitutional Law for Indiana on
Answered on May 8, 2018
Andrew L. Bennett's answer
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.

Q: What is considered a reasonable time when showing a house (to potential buyers) that is occupied by renters? M-F? wkend?

1 Answer | Asked in Civil Rights, Constitutional Law, Real Estate Law and Landlord - Tenant for Indiana on
Answered on Mar 26, 2018
Alexander Florian Steciuch's answer
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 recognize that even if you are attempting to show the house or apartment, the tenants are still living there and that it is their home.

Q: In Indiana isn’t it illegal for police to question a 9 yr old girl not allowing school to contact parents

1 Answer | Asked in Constitutional Law and Criminal Law for Indiana on
Answered on Mar 6, 2018
Andrew L. Bennett's answer
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.

Q: East side of Indianapolis,IN. Police refuse to charge or arrest. Can i demand the police to perform a citizens arrest?

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Indiana on
Answered on Dec 27, 2017
Andrew L. Bennett's answer
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?

Q: Can you be pulled over in your driveway if you never saw the police officer, they never had on their lights or sirens.

1 Answer | Asked in Constitutional Law and Traffic Tickets for Indiana on
Answered on May 20, 2017
Paul Stanko's answer
Legal? Yes. The cop apparently had a valid pretext for initiating the encounter. You had every right to refuse to answer his questions.

Q: I'm 16 and my boyfriend is 20 if he gets me pregnant can he be charged with anything or go to jail.?

1 Answer | Asked in Criminal Law and Constitutional Law for Indiana on
Answered on May 11, 2017
Paul Stanko's answer
The age of consent is 16. Just getting you pregnant would not be a crime.

Q: Can the school force us to stand during the pledge of allegiance?

1 Answer | Asked in Education Law and Constitutional Law for Indiana on
Answered on Apr 16, 2017
Paul Stanko's answer
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.

Q: What can be done about my son feeling intimidated and anxious by a teacher that violated another students rights?

1 Answer | Asked in Education Law, Civil Rights and Constitutional Law for Indiana on
Answered on Apr 16, 2017
Paul Stanko's answer
If you have complaints about a public school teacher, take it up with the school board.

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

1 Answer | Asked in Constitutional Law, Criminal Law and Domestic Violence for Indiana on
Answered on Feb 23, 2017
Paul Stanko's answer
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!

Q: My friend just found out that he has a warrant in the State of Indiana but was never served?

2 Answers | Asked in Gov & Administrative Law, Criminal Law, Civil Rights and Constitutional Law for Indiana on
Answered on Feb 8, 2017
Paul Stanko's answer
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.

Q: Hi my name is cory i was wondering can cps come into a home without a warrant

1 Answer | Asked in Family Law, Civil Rights and Constitutional Law for Indiana on
Answered on Jan 16, 2017
John Mario Acosta Jr.'s answer
Hello Cory. If CPS has an open case they can come and do a home visit. They do not need a warrant to enter they just need an open case file to do so. Now it does have to be during reasonable hours.

Q: I am married and have been for 12 1/2 years. I got pregnant by a man who came to the US illegally. We got a house togeth

1 Answer | Asked in Family Law, Appeals / Appellate Law and Constitutional Law for Indiana on
Answered on Oct 4, 2016
Paul Stanko's answer
I don't understand why an illegal would seek paternity. Contact a family lawyer and fight it. Your husband is presumed to be the father because you had your child during your marriage.

Q: Is it legal for a court to hold a hearing without me present or notified and have me removed from a residence

1 Answer | Asked in Family Law, Constitutional Law, Probate and Real Estate Law for Indiana on
Answered on Sep 11, 2016
Paul Stanko's answer
You may have been deprived of procedural due process. Contact an attorney near you about filing a small claims action for your losses.

Q: How many warrants can cps get to come in your house and how often?

1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for Indiana on
Answered on Sep 11, 2016
Paul Stanko's answer
CPS can get a warrant any time they can convince a judge or magistrate to approve one. You should talk to an attorney about why your family is doing this.

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