Author Archives: Jay Butchko
Criminal Drug Possession Requires Actual Proof Of Drugs
In a criminal case, it doesn’t necessarily matter what the government thinks you did, but rather what the government can prove you did. Put another way, the state must prove all elements of the charged offense beyond a reasonable doubt. This includes the basic facts of the crime itself. Indiana Appeals Court Reverses Conviction… Read More »
When Can Indianapolis Police Extend A Traffic Stop To Investigate Other Possible Crimes?
Police often try to prolong routine traffic stops if they suspect the driver might have committed some other crime, such as drunk driving or illegal possession of a controlled substance. Consistent with the Fourth Amendment and the Indiana Constitution, however, an officer cannot extend a traffic stop based on reasonable suspicion simply in the… Read More »
Does A Homeowner’s “Consent” To A Police Search Extend To Their Guests’ Belongings?
As a general rule of law, the police cannot search your home without either your consent or a search warrant. But even if the owner consents to a search, how far does that extend? For example, can the police search someone else’s purse or backpack when it happens to be in the owner’s house?… Read More »
Kassi Rigney Quoted in Indy Star Article
Attorney Kassi Rigney was quoted in this Indy Star article. Meth, guns, cellphones: ‘Defective’ warrant jeopardizes evidence in triple killing When Indianapolis police found the bodies of three young people in a field on the city’s south side in October 2021, they used witness interviews and phone records to establish Caden Smith as a… Read More »
Does The State Need More Than A Defendant’s Confession To Secure A Conviction?
There is a reason that you should never speak with the police if you are a criminal suspect: Anything you say can and will be used against you in court. At the same time, an out-of-court confession is not enough to sustain a criminal conviction. Indiana law requires what is known as “proof of… Read More »
What Are Your Rights When The Police Ask To Search Your Home?
The Fourth Amendment to the United States Constitution protects all citizens from unreasonable searches of their homes by the police. In simple terms, this means that the police must normally obtain a search warrant or a suspect’s consent before performing a search of their residential property. If the police arrive at your home with… Read More »
Can You See Your Police Report In A Drunk Driving Case?
Operating a vehicle while intoxicated (OWI) is normally a Class C misdemeanor in Indiana. But the charge can be bumped up to a Class A misdemeanor if the prosecution can show that the intoxicated driver acted “in a manner that endangered” another person. The difference between a Class A and Class C conviction is… Read More »
What Is Considered “Aggravated Battery” In Indiana?
Simple “battery” in Indiana is to touch another person in a rude, insolent, or angry manner or in a rude, insolent, or angry manner place bodily fluid or waste on another person. This is a class B misdemeanor, but there are a number of factors that can elevate the level of offense. Factors increasing… Read More »
Do You Have The Right To A Jury Trial In A Civil Asset Forfeiture Case?
Most everyone will agree, “Crime shouldn’t pay.” Civil Asset Forfeiture laws are purported to do just that, remove the profit from criminal activity. Unfortunately, widespread abuse of civil asset forfeiture laws by law enforcement has led seizures far beyond the profits of crime. Civil asset forfeiture makes it possible to seize property based on… Read More »
A Word About “Assault” (Also known As Battery)
Many folks uneducated in Indiana law like to use the word “assault” to describe a crime. The truth is, there is no crime in Indiana called Assault. There is a crime called “Battery” and when most people are talking or writing about assault, this is what they really mean. Like many other criminal convictions,… Read More »