Despite strong constitutional protections for individuals, it is unfortunately not uncommon for police to violate individuals’ privacy rights. Understanding your constitutional right against unreasonable searches is essential for safeguarding your privacy and liberty, and ensuring you are treated fairly by the legal system.
When Can Police Search Your Property?
Typically, police officers in Indiana need to obtain a search warrant — based on probable cause, or a substantiated belief that you possess illegal drugs — to conduct a search of your property. This protection stems from the Fourth Amendment to the United States Constitution, which provides protection against “unreasonable searches and seizures” — and from Article 1, Section 11 of the Indiana Constitution, which provides much the same protection.
However, there are exceptions to this rule — for instance, when a police officer can clearly see or smell drugs, such as in your vehicle.
What Happens If Police Search Your Property Illegally?
Sometimes, of course, police do act unlawfully and insist on a search when they have no legal right. The intimidation of the moment can often lead individuals to comply, even if they are within their rights to refuse. Individuals may be frightened, confused, or simply not adequately understand their rights.
When Do You Need a Lawyer?
An Indianapolis criminal defense lawyer can help if you feel your rights against unreasonable search and seizure have been violated, or simply if you seek to better understand your rights under the law. An experienced drug offense lawyer in Indianapolis, well-versed in Fourth Amendment cases, may be able to have illegally obtained evidence suppressed, and ultimately get your case dismissed. In short, a lawyer is essential for ensuring you are treated fairly by the law.
If you feel your rights have been violated, or are seeking help in a drug possession case, contact Potts Law at (317) 951-0087 or fill out the online contact form.
