Search Warrant Affidavit Exceptions: Were My Rights Violated?

If you were recently arrested after a search that resulted in the discovery of a controlled substance, an unlawful firearm, or any other object or evidence that resulted in your arrest, one of the first things you might be wondering is this: was the search lawful? This is a critical question to ask because, in order for any materials obtained during a search to be seized and used to support an arrest and subsequent charges, the search must have been lawful under the Fourth Amendment of the US Constitution and under Indiana law. Generally speaking, in order to conduct a search — of a person, or of a person’s property — law enforcement officers either must have a valid search warrant, or an exception must apply.

How can you determine if your rights were violated? If you were searched and there was no search warrant, it is critical to speak with a criminal defense attorney in Indianapolis to determine whether there was a lawful exception to the search warrant requirement that allowed the police to conduct a search. In the meantime, we can provide you with more information about search warrant affidavits and potential exceptions to the requirement.

Understanding Search Warrant Affidavits in Indiana 

In general, Indiana law enforcement officers must have a valid search warrant that they obtained after preparing an affidavit in order to lawfully conduct a search. The affidavit, in effect, provides detailed information about plans for the search and why the officer believes they have probable cause (required under the Fourth Amendment) to conduct the search. Under IC 35-33-5-2, an affidavit for a search warrant must contain:

• Description of the house or place to be searched, or the person to be searched;
• Details of the alleged offense that have led the law enforcement officer to have “good cause” to believe that there are concealed items to be found in the search, or that the person who is to be arrested actually committed the offense; and
• Facts that are known to the law enforcement officer that constitute probable cause, which can be based on the law enforcement officer’s personal knowledge or hearsay.

Potential Exceptions to the Search Warrant Requirement 

When can a law enforcement officer conduct a search without a valid search warrant issued after filing an affidavit? The following are some of the most common circumstances where searches may be lawfully conducted without a search warrant:

• You consented to the search after being asked;
• Police allege they were operating under exigent circumstances;
• Search conducted incident to arrest when law enforcement had probable cause;
• Your vehicle was searched following a stop once law enforcement had probable cause;
• Illegal or unlawful object or material was in plain view.

Just because a law enforcement officer claims one of the above exceptions does not mean that it actually existed. It is always critical to have a lawyer assess your case. You should also know that there are some other circumstances where a search may be lawful without a warrant, such as Terry stop and frisk cases, but a lawyer can provide you with detailed information if this applies to your case.

Contact Our Indianapolis Criminal Defense Attorneys Today 

If your property was searched, or if you were stopped and searched, you should speak with an experienced Indianapolis criminal defense attorney at Rigney Law LLC as soon as possible to determine whether you may have experienced a violation of your constitutional rights under the Fourth Amendment. Although there are exceptions to the search warrant affidavit requirement, you should never assume that the police or another law enforcement officer was operating under a valid exception when conducting a search.

Source:

statecodesfiles.justia.com/indiana/2014/title-35/article-33/chapter-5/chapter-5.pdf