There are many facets of the Search and Seizure clause of the 4th Amendment to the US Constitution and the many protections it provides. If you have been charged with a crime in Indiana involving the searching or seizing of your property, you will want an experienced Indianapolis criminal defense attorney skilled in litigating 4th Amendment claims.
A recent Indiana Court of Appeals case overturned a man’s drug possession conviction due to an improper police inventory policy. Otis Sams, Jr. v. State of Indiana, 67A01-1604-CR-814 found that the Greencastle Police Department’s differing written inventory policy from the verbal one the officers followed were pragmatically different, allowing the later to be interpreted to give the officers too much discretion in inventorying specific items in an automobile thus deeming the inventory protocol pretextual and therefore legally deficient.
Under law, an inventory search is a search of a vehicle or a piece of property that is about to become impounded pursuant to a lawful arrest of an individual operating it. There are many specific requirements the State must prove to properly claim a valid inventory of a vehicle including but not limited to no other occupants in vehicle being able to drive, the car being parked illegally, the car obstructing traffic etc. In addition, the places in the vehicle itself to be inventoried are regulated by law. In short, the inventory exception to the search and seizure clause was created specifically to safeguard valuables and other property in the vehicle that belonged to the owner/operator. The law was not designed to be law enforcements short cut around a valid search warrant to search for illegal contraband. Typically when a court strikes down the government’s inventory of a vehicle, it is doing so because those officers involved were specifically searching for contraband as a way around of obtaining a valid search warrant.
If you or a loved one believes your 4th Amendment rights have been violated in a pending criminal case, contact a criminal defense attorney specializing in search in seizure law. Call Potts Law LC today for your free consultation at 317-951-0087 or fill out the convenient online form.
