What You Need to Know About Indiana’s Search and Seizure Laws

When police show up at your doorstep, pull you over in your car, or stop you on the street, it can be one of the most stressful situations you will ever face. It doesn’t matter whether or not you’ve “done” anything that would justify a cop taking an interest in you. For most people, just the fact that they are in a situation where a police officer is there and starting to ask questions is enough to have the adrenaline surging throughout their system. When that happens, not everybody is able to think clearly about the situation, particularly if the cop wants to search you, your possessions, your vehicle, or your home.

Your Rights if the Police Want to Conduct a Search

So, what are your rights if a police officer says they want to conduct a search? 

It depends on the situation, but here are some guidelines: 

Searching Without a Warrant. Not all searches require a warrant. Here are some circumstances where Indiana may permit police officers to search without a warrant. 

• Arrest. Under Indiana law, a police officer can search you if they’re arresting you. In that case, the law allows them to search you without a warrant, but only if the arrest was a lawful one.  
• Consent. Many people will simply consent if the officer asks for permission to search. This can happen with a vehicle stop, a home visit, or a search of your bags or backpack if you’re stopped on the street. Often, this is a mistake, and any evidence found can be used against the person who consented to the search. 
• Emergencies. If the police are pursuing a suspect, for example, and the pursuit takes them through areas where they’d normally need a warrant before they could have access, they may be able to use what they learn during that pursuit – such as the fact that drugs, weapons, or stolen merchandise are located in a particular place – against the person who controls that space. 
• Plain View Items. The police typically don’t need a warrant to view and seize things that are in plain view. Think of a weapon or drugs left in the back seat of a car.  
• Certain Vehicle Searches. If the cops stop you because they believe you have done something illegal, they generally will be able to search your vehicle if they have “probable cause” to believe that there is evidence of that crime in your vehicle. 

Searching With a Warrant. Most other searches will require police to get a warrant. Under Indiana law, search warrants are issued in response to a request by the police that is supported by an affidavit. 

The affidavit needs to describe in some detail where the police want to search, what they want to search for, what offense they believe the person or evidence they are searching for relates to, and how they learned of the information they are providing in the affidavit, including whether the information in the affidavit is based on their knowledge or is hearsay learned from someone else. Where hearsay is involved, the officer requesting the affidavit must explain why it should be believed.

Razumich & Associates Can Help if Police Have Searched You

In most cases, you won’t have time to contact a lawyer if the police want to search you, your car, or your home. It never hurts, however, to have the number of an experienced criminal defense attorney ready so that you can place a call as soon as you’re able, either when the police are at your door or after they complete their search. At Razumich & Associates, our experienced criminal defense attorneys are here for you when you find yourself face-to-face with law enforcement and can help you do everything you can to protect your rights while still following the law and avoiding an escalation of the situation that could land you in trouble.

Generally speaking, you should follow the instructions from law enforcement officers and politely decline to consent to any requests they may make to search you, your belongings, your vehicle, or your home. They may still end up searching, but you will be able to say that you did not consent to it. That alone may protect you in the event they find something during their search that can later be used against you in court. 

If you need help regarding the legality of a police search, or if you’re facing charges based on evidence seized by law enforcement during a search, contact Razumich & Associates for help. Our experienced criminal defense attorneys have defended the rights of clients all across Indiana. You can reach us 24/7 at 317-983-5333 or by using our contact form to schedule a confidential consultation. We are ready to fight to defend and protect you.