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Indiana Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Indiana on
Q: indiana rules When executing a knock and announce search warrant are bodycams excluded? Why?

The police never gave the signed warrant to the clerk to file. Took 11 months to return the warrant and it's not the same cause number. Also no bodycams? Why

James A Hanson
James A Hanson
answered on Jan 30, 2023

First, body cams are not required by law, so there is nothing abnormal or problematic with not having body cam video in discovery since not all officers are equipped with body cams.

Second, it is not uncommon for search warrants to be obtained under a unique cause number and not in the same...
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1 Answer | Asked in Family Law, Communications Law, Constitutional Law and Elder Law for Indiana on
Q: I was not notified of a court hearing in KY, what can I do?

My wife's son, from a previous marriage, has filed for guardian and conservator over my wife and apparently was already awarded emergency guardianship. He emailed my son and I unofficial and incomplete documents wanting us to sign my right to be notified away and we refused because my wife... View More

James L. Arrasmith
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answered on Apr 17, 2024

In Kentucky, the law requires that certain interested parties be notified of guardianship and conservatorship proceedings. According to Kentucky Revised Statutes (KRS) 387.580, the person for whom a guardian or conservator is sought (your wife, in this case) must be notified, unless the court finds... View More

1 Answer | Asked in Intellectual Property, Real Estate Law, Constitutional Law and Landlord - Tenant for Indiana on
Q: Can my ex-wife filed for immediate position of a property purchased by both of us and the property my business is on?

Me and my wife was married, divorced 5 years now but have been in a relationship during those 5years I own My own business Repairs on R.Vs The property my business is on is in my ex wifes name and now that we have went see ways shes evicting me from my business with property purchased by both of... View More

James L. Arrasmith
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answered on Aug 29, 2023

Given that your business is operating on this property, the stakes are high, and immediate legal consultation is advisable to protect your interests.

1 Answer | Asked in Constitutional Law for Indiana on
Q: Is it against the law to not hire someone because of their past addiction? Isn't that discrimination?

Went to an interview and I mentioned that I was in recovery, because we were talking about my criminal history, and as soon as I had mentioned that I was in recovery I was told that I wouldn't be hired because I am an addict

T. Augustus Claus
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answered on Jul 19, 2023

In Indiana, like many other states, there are laws in place that prohibit employment discrimination based on certain protected characteristics, such as race, color, religion, sex, national origin, disability, and in some cases, past drug addiction. These laws are designed to ensure equal employment... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Indiana on
Q: I need a civil rights lawyer in Indiana to help with violation of civil rights and human rights being violated

Husband has many of his rights being violated including;

#2- freedom from discrimination

#3- right to life and safety

#5- freedom from torture and inhumane treatment-- not even anything but one little blanket during the Sub-Zero degrees no heat and there was snow on his bed.... View More

James A Hanson
James A Hanson
answered on Jan 26, 2023

There doesn't appear to be question posed, but the issues you are raising are issues that need to be discussed with an attorney actually handling the case.

If you husband has an attorney (retained or appointed) these are issues that need to be discussed with that attorney.

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Indiana on
Q: In indiana how do I get a waiver to reinstate my driver's license

My license was suspended 2 years ago due to a criminal charge and lack of financial responsibility I've been pulled over and now here recently literally just in the parking lot almost of my employment and ticketed for driving law suspended the problem is I am so far in debt due to this covid... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Jul 26, 2022

Go to IN.gov and look up the BMV. There should be sample forms for waiver available.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Indiana on
Q: What are the rules of procedure when applying for and returning a knock and announce search warrant in indiana

When does an affidavit (probable cause) for search have to be filed with the clerk? When does the warrant have to be returned? If there's no affidavit of probable cause ever filed with the clerk EVER ..is that legal? Next if 10 months later a different cause number(ed) search warrant is... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Jul 5, 2022

If you have had 3 attorneys not sure why your questions have not been answered. To answer your questions accurately depends on the specific facts of your case which are not listed in your description. However, you can Google the specific statute to give you some insights into the law that... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: Can a probation officer use an illegal search and Seizure Report in a psi and you be sentenced on it?

Ok let me add to this then so I can get a little more clarification. An illegal search and Seizure being detailed into a psi is not a violation of my 4th amendment right? Also bc I had marijuana on me in CA and it's legal and being in Indiana it is illegal this evidence enhanced my sentencing... View More

James A Hanson
James A Hanson
answered on May 22, 2022

During the sentencing phase of a case, the legal standard for the admission of evidence no longer follows the Rules of Evidence. Rather, the evidence only needs to have "sufficient indicia of reliability" which is a pretty low bar.

Hearsay, and even double-hearsay, is allowed....
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: If I am living with a roommate while on house arrest and they come do a search can they room get searched as well

what all areas are they allowed to search with and without a search warrant while i am on house arrest

Grant E Helms
Grant E Helms
answered on May 16, 2022

The documentation you signed when you started house arrest will outline the parameters of your monitoring situation and what the monitoring authority and law enforcement is authorized to do. It's not clear if you're a pre-trial detainee on house arrest or a defendant on house arrest doing... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and White Collar Crime for Indiana on
Q: Can someone be charged for the same case and crime in 2 different Indiana counties?

The judge and attorney had pointed out that they acknowledge this, a motion for dismissal was entered in October however it hasn't been addressed and the 2 counties are passing him back and forth even trying to revoke the bond paid already in one county.

Joseph Abrams
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answered on Jan 20, 2022

No. Because the two counties are considered part of the same sovereign, that is, the state of Indiana, it would violate the Constitution's prohibition against double jeopardy.

- Law Office of Joseph Abrams, Anaheim, CA

1 Answer | Asked in Civil Rights, Constitutional Law and Traffic Tickets for Indiana on
Q: Do you have to show ID if you are pulled over by a police officer for allegedly swerving

I Was driving down a highway when I got pulled over for swerving Despite the fact That I had a dashcam that said otherwise

Andrew L. Bennett
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Andrew L. Bennett
answered on Jan 18, 2022

In Indiana, if you are pulled over for a traffic violation, alleged or actual, you must show identification.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Indiana on
Q: What constitutes a No Knock warrant in Indiana?

On a tip from a C. S. The police served a NO KNOCK warrant. For pot? First SWAT then ICE. Never identified themselves. At gun point. Wouldn’t show us the warrant. Left it after the search. Had no affidavit. They had no badges , we couldn’t EVER see they’re faces. The affidavit is excluded... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Dec 22, 2020

You need to contact an experience criminal defense attorney in your area to discuss the case in more detail.

1 Answer | Asked in Criminal Law, Constitutional Law, Domestic Violence and Landlord - Tenant for Indiana on
Q: My roommate’s sister (now irate) was staying at the apartment for free and now won’t leave?

She screams at us daily, exposes herself to Covid-19 by traveling and then comes back to the apartment, and throws things and refuses to clean after herself. (She also is often drunk or high?) She’s acting violent and we have to lock our bedroom doors at night. We asked her to leave by the end of... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Dec 12, 2020

Have either of you discussed it with the landlord. You or the landlord can also go to court to get an order to evict her. Your landlord may also want to change the locks on your appartment.

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
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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... View 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
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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
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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
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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... View 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... View 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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