In any case, a motion to suppress evidence based off an illegal search or seizure is governed by the Search and Seizure clause of the 4th Amendment to the US Constitution . You will likely need an experienced criminal lawyer in Indianapolis skilled in litigating 4th Amendment claims under the US Constitution and Article 11 claims under the Indiana State Constitution if you have been charged with an offense in this State involving the searching or seizing of your person or property.

In most cases involving charges of possessing, dealing or manufacturing drugs or operating a vehicle while intoxicated, at some point, both you and your property will have been searched and seized.  Therefore, in most cases involving these types of charges, both the 4th Amendment and article 11 of the State Constitution will govern law enforcement’s procedure in obtaining your property and your person.  Court’s will typically require law enforcement to have a search warrant based upon probable cause before conducting a search or arresting a person. There are obviously exceptions to this rule.  Some common exceptions include but are not limited to:

  1. Whether or not the officer sees contraband in plain view
  2. Whether or not the officer observed a valid traffic infraction as a means of pulling you over
  3. Weather or not the officer smells the odor of marijuana
  4. Weather or not the officer observes a crime being committed as a means of an arrest
  5. Weather or not a police dog gives a positive indication of contraband being in a car via a dog sniff

In most of these common scenarios however, these exceptions would only be introduced as evidence via an officer’s testimony, assuming of course there is no dash or body cam footage (which in Indianapolis, there is not).  This is where it would be beneficial to hire and experienced criminal lawyer Indianapolis.  Sometimes law enforcement can be mistaken about particular facts that would have been necessary to meet a search warrant exception. Only an Indianapolis criminal defense attorney well versed and educated in search and seizure law would have the requisite knowledge and tools to shed some light on the specific facts required for these exceptions. In the event a court grants your motion to suppress, evidence could be excluded resulting in either reduced charges or a dismissal.

If you or a loved one believes your 4th Amendment rights have been violated in a pending criminal case, contact Kevin Potts, criminal lawyer Indianapolis, specializing in search and seizure law. Call Potts Law LLC today for your free consultation at 317-951-0087 or fill out the convenient online form.