Articles

5th Amendment smartphone privacy case goes before Supreme Court

It began in July 2017, when Katelin Seo was arrested on stalking-related charges and ordered to unlock her cellphone as part of the criminal investigation. Seo refused, invoking her Fifth Amendment right against self-incrimination, and a flurry of constitutional and technology-related questions ensued.

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Families not immune from vaccination debate

Arguments for and against vaccinations have grown in the national conversation as 12 states are currently battling an outbreak of measles. A recent Indiana trial court decision in a custody dispute demonstrated that disagreements over vaccinations also happen within families.

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Judge: Mom ‘knowingly and willfully’ violated child’s vaccination order

An Indianapolis mother, who was previously found to be in contempt of court for trying to circumvent the custody agreement that required her daughter be vaccinated, was found to have “knowingly and willfully” violated an Indiana Court of Appeals order that gave the father the sole ability make decisions about vaccinating the child.

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Supreme Court to travel, invites amici in smartphone privacy case

The Indiana Supreme Court will hit the road early next year to hear oral argument in a first impression case involving smartphone privacy. Justices also have invited amicus parties in the case as they seek to determine whether law enforcement can force a woman to unlock her phone as part of a criminal investigation.

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Smartphone privacy ruling tests how technology affects rights

A consequential Indiana Court of Appeals ruling on an issue of first impression last month marked one of the first times state courts have been asked to reconcile civil rights with advancing technology. The question: considering the personal nature of the contents of a person’s smartphone, can an individual be forced to unlock a smartphone without violating the Fifth Amendment?

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Justices to suspended attorney: Pay fine or face prison

The Indiana Supreme Court has ordered a Kokomo attorney who is already suspended to pay a fine or face a 15-day prison sentence after he was found in contempt for practicing law while suspended. The court said the lawyer twice contacted opposing counsel who responded by noting his suspension.

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COA: Participating in needle exchange doesn’t excuse drug activity

A Lawrence County man who argued he had “legal authority” to possess two syringes under the county’s needle exchange program has lost his appeal of his possession of paraphernalia conviction, with the Indiana Court of Appeals rejecting the notion that needle exchanges excuse illegal drug activity. However, the court overturned another of the man’s drug convictions for lack of evidence.

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Appellate court upholds contempt finding against mother

A Marion County mother was unsuccessful in her attempt to seek relief from an order finding her in contempt of court for interfering with her ex-husband’s parenting time, with the Indiana Court of Appeals finding she failed to develop a cogent appellate argument.

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