SEARCH AND SEIZURE

Our state and federal constitutions guarantee us freedom from unreasonable searches and seizures. The constitutional provisions are simple. The interpretation of them by the courts is complex and constantly changing. The police must have a search warrant in order to enter someone's home. But even that has exceptions for "exigent circumstances" such as someone calling for help, or someone inside shouting "flush it, quick."

The police may not pull over a cars for no reason.. They may stop a car if they see the driver or a passenger commit a misdemeanor or infraction. They can stop a car if they have "probable cause" or even just "reasonable suspicion" to believe someone in the car has committed a felony. The higher courts currently hold that the police may pull over a car for going 56 mph in 55 mph zone, even if they admit it was just a pretext for stopping the car. The police can't look in your trunk without permission or a warrant, but when they arrest someone, they can check the trunk as part of an inventory search.

Article 1, Section 11 of the Constitution of Indiana

Fourth Amendment

Evidence could be suppressed resulting in dismissal of your case. You will be in the strongest position to win if:
1. You have not given permission for the search.
2. You did not tell the police where the evidence was.
3. The police did not have a valid search warrant based on a showing of probable cause to a judge or magistrate.