Brian M. Pierce, Attorney at Law

Cell Phones in Indiana are still safe for now...

8/21/2018

In a divided opinion (2-1), the Indiana Court of Appeals recently held in Katelin Eunjoo Seo v. State of Indiana, 29A05-1710-CR-2466 that the State cannot compel a person to unlock their smarphone. “The defendant was charged with invasion of privacy, stalking, intimidation and other charges stemming from the alleged harassment of another person. As part of the criminal investigation, law enforcement obtained a warrant compelling the defendant to unlock her iPhone - either by unlocking the phone and removing the passcode feature or by changing the passcode to 1234. When the defendant refused, the trial court held her in contempt and ordered the defendant to unlock the phone.

The Indiana Court of Appeals reversed the contempt finding and order to unlock the smartphone. In doing so, the Indiana Court of Appeals held that the act of unlocking, and therefore decrypting the contents of the smartphone, would be akin to compelling testimony against oneself in violation of a defendant's 5th Amendment right not to incriminate oneself.

Because this is a case of first impression in the State of Indiana, it most certainly will be reviewed by the Indiana Supreme Court. Stay tuned to see if the highest court in Indiana agrees with this decision.

8 TIPS TO REMEMBER AFTER AN ACCIDENT

7/9/2018

Being in a motor vehicle accident can be a physically and emotionally destructive event. Here are 8 tips you should keep in mind after any accident involving automobiles:

Stay as calm as possible. By staying calm, you will be able to assess the situation much better than if you were in a panicked or agitated state. Your ability to recall details about the accident will be greatly improved.
Contact the police, no matter how small the accident.
Inspect your self and your passengers for injuries. Make sure you and your vehicles occupants are okay, if you are in doubt call for an ambulance.
Inspect your vehicle for damage.
Take photographs of your vehicle and the accident scene if you can.
Deploy road flares, cones, or emergency hazard lights to let other drivers know that there has been an accident and they need to avoid the area.
Contact your car insurance company and let them know you have had an accident.
Make sure to obtain a copy of the insurance information of all involved parties in the accident.

If there are injuries, no matter how innocuous they may seem, you should consider hiring legal representation to help you sift through any potential legal claims or issues that may arise after the automobile accident.

Dealing with insurance companies can add to the emotional stress of any accident. You won't have to fight alone if you trust in Pierce to fight for your rights. Contact me by calling my office at 765 289-9122, or by visiting my office located in the heart of Muncie at 106 E. Washington St, Muncie, IN 47305 to schedule a future appointment to discuss your personal injury needs!

Why you need a personal injury lawyer

6/26/2018

Let’s face it, being involved in a personal injury case can impact every area of your life. For starters there is the fact you may might accumulate significant medical bills that need to be paid soon. And what if the medical bills that begin to pile up were no fault of your own? What if the injuries you sustain make you unable to work for weeks or months - maybe forever? What happens to all of your other financial obligations when you are unable to work? Do your think the other driver's insurance company is going to look out for your best interests?

You don’t have to face these issues alone. Personal Injury law can be a complex and confusing are of law that requires the skills and talents of an experienced lawyer. You need a lawyer you can trust to make sure you receive fair compensation. Let Brian M. Pierce of Muncie, Indiana step into the ring and fight on your behalf for you, your money and your peace of mind when it comes to personal injury law. Contact me by calling my office at 765 289-9122, or by visiting my office located in the heart of Muncie at 106 E. Washington St, Muncie, IN 47305 to schedule a future appointment to discuss your personal injury needs!