If you’re accused of a drug offense in Indiana, you could face expensive fines and incarceration. However, the details of the police investigation play a large part in whether the case against you is legitimate and legal. You need an Indianapolis drug crime attorney who is well-versed in constitutional law as it relates to search warrants as well as search and seizure tactics by law enforcement.
What Constitutes a Legal Search?
Your 4th Amendment rights protect you from government intrusion on your privacy. Police can only perform a search of your person or property when one of the following criteria are met:
- You verbally consent to a search
- An officer witnesses evidence of a crime
- An officer produces a valid search warrant
- Police are concerned for their safety (they think you have a concealed weapon)
- The search follows your arrest and is related to that suspected crime
What Is Probable Cause?
If you don’t invite the officers into your space, they cannot search your person or property without a search warrant outlining valid reasons to do so. Courts are inclined to issue search warrants if the facts and circumstances outlined in an affidavit indicate a high probability that a crime has occurred. Officers may briefly detain you and conduct a limited search only if they have a reasonable suspicion that you are engaged in criminal activity.
When To Contact an Indianapolis Drug Crime Attorney
If police fail to follow proper procedure and conduct an illegal search of your premises, any evidence they collect becomes inadmissible, which could collapse the case against you. You need a skilled trial attorney who is passionate about your 4th Amendment protections, experienced in evidentiary hearings and able to critically examine the actions of law enforcement in your case.
If you feel you’re the victim of an illegal search, Attorney Potts can help. Contact Potts Law at (317) 951-0087 or fill out the online contact form.
