The district attorney must prove guilt beyond a reasonable doubt to obtain a conviction. Prosecutors will rely on the evidence obtained by law enforcement officials to build the strongest case against you. However, when this evidence was unlawfully obtained during a search and seizure, it should not be used against you.
Getting these types of evidence suppressed should be a key element of your criminal defense strategy. When your Fourth Amendment rights have been violated, you may have a better chance of clearing your name of the drug crime charges you are facing.
When Police Can Legally Search Your Property in Indiana
According to Article I, Section 8 of the Indiana Constitution, all Indiana citizens are afforded the right to a “reasonable” search and seizure. However, what is considered “ reasonable” can be subjective. What makes a search and seizure lawful varies widely depending on the location where the search occurs and the specific circumstances of your case. These are your rights when police want to search you physically, search your home, or search your vehicle.
Search You Physically
Law enforcement officers may have the right to search you physically if they believe you are involved in a crime. The police have the authority to do a “pat down” to make sure you do not have any weapons on you per Terry v Ohio, but only if they have a reasonable belief that you are involved in a crime or armed. Law enforcement officers do not have the right to detain you if they do not find any evidence on you after their search.
Search Your Home
Investigators and police officers must have a valid search warrant before they can search your home. This warrant will detail where the police are allowed to search and which areas may be off-limits. If law enforcement officials search areas that were not included in the warrant, the evidence obtained in those areas could be suppressed at trial. It is important to note that if you consent to a search, law enforcement officers do not need a warrant, but you may withdraw consent at any time, however, any evidence obtained before the consent withdrawal may still be admissible.
Search Your Car
The police may be able to search your car if they have a reasonable belief that you have committed a traffic violation or violent crime. For instance, if the police smelled alcohol when they stopped you for driving over the speed limit, they may have probable cause to search your vehicle for open alcohol containers.
What Are Your Rights During a Search and Seizure
You are protected against unlawful search and seizure under the Fourth Amendment. You do not need to give police permission to search your property unless they have a warrant. If they have probable cause to search, your consent would be irrelevant anyway. Exercise your right to remain silent and your right to protect yourself against self-incrimination under the Fifth Amendment to avoid helping law enforcement officers build their case against you.
Get Unlawfully Obtained Evidence Suppressed
When evidence was unlawfully obtained, it must be challenged. By filing a motion to suppress this evidence with the court, you can ensure this evidence is not used to aid in your conviction. When your criminal defense team argues that your Fourth Amendment rights were violated, you stand a strong chance of having this illegally obtained evidence suppressed. If the district attorney was relying on this unlawfully obtained evidence, the charges against you could be reduced to a less serious offense or dismissed entirely.