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Can Police Search My Private Property Without a Warrant?

A home is someone’s most intimate and familiar place.  Home is supposed to be where a person should feel safe.  As such, the 4th Amendment to the United States Constitution protects individuals from unreasonable searches and seizures by the government.  The Fourth Amendment stands for “the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion.”  Silverman v. United States, 365 U.S. 505, 511 (1961).   When the…

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Arrested at the Indianapolis 500?

Arrested at the Indianapolis 500? Now What? The Indianapolis 500, or what is often billed as The Greatest Spectacle in Racing, is typically set on the Sunday of Memorial Day weekend each year. Between the permanent seating around the track and the infield areas, there are about 300,000 people that flood the gates of the speedway each year. With that many people together in a confined area, on a holiday weekend, and probably fueled by…

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Motion to Suppress Evidence in Indiana

A Look at Motions to Suppress Motion to Suppress, What is it and When Should it be Used One of the tools in war chest of every Indianapolis criminal defense lawyer is the Motion to Suppress.  A Motion to Suppress is basically a motion an attorney can file asking the judge to order that certain evidence is removed from the case and not able to be used in the trial due to some sort of…

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Corrupt Business Influence Indiana

What is the Crime of Corrupt Business Influence in Indiana? Indiana has a criminal statute that goes by a weird name.  The statute that is being filed with more regularity is the crime of corrupt business influence.  The statute was designed to punish longstanding corrupt criminal business practices that didn’t fit into a different type of crime.  The corrupt business influence statute reads as: A person: (1) who has knowingly or intentionally received any proceeds directly…

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Carrying a Handgun In Indiana & the Police’s Right to Search

May 9, 2017 the Indiana Supreme Court made a ruling in the case of Thomas Pinner v. State of Indiana under case number 49S02-1611-CR-610, holding that the sole fact a person has a gun is not a sufficient reason for the person to be stopped and searched. In February 2015, a taxi driver called the police after a man and a woman got out of his cab because when they exited, the man dropped a…

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Criminal Diversions in Indiana

So you have been charged with a low level felony or a misdemeanor and you absolutely cannot have a conviction on your record, now what? A diversion or deferral might be something that could work for you depending on a number of factors. The law in Indiana (IC 33-39-1-8) provides that those who have committed low level crimes or are first time offenders are sometimes able to dismiss their charges. This is called a diversion…

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Finding an Attorney

One of the main questions a defendant asks when facing a potential criminal offense is, “who is the best criminal defense attorney in Indiana?” And, if you think about it, that makes sense. Criminal cases have the potential to have lifelong consequences. So, it leads to reason that anyone who is facing a criminal offense is going to try to track down the best criminal attorney for their particular case. The list below is meant…

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Miranda and DUI Checkpoints

A quick look at the Supreme Court’s recent ruling in State of Indiana v. David Brown on whether Miranda warnings apply to DUI checkpoints. On March 2, 2017, the Indiana Supreme Court determined, as a matter other f first impression, that Miranda warnings are not required when a driver was detained at a sobriety checkpoint. This case stemmed from a 2013 incident where the Indianapolis Metropolitan Police Department established a checkpoint to apprehend and deter…

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Brad Banks who has more than 20 years of legal experience as a criminal defense attorney.