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Illegal search Indiana

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Freedom17

Junior Member
I bet the totality of the circumstances will make the search legal.

For reference, see:
YouTube - Chris Rock - How not to get your ass kicked by the police!

The OP violated many aspects.

Case Dismissed yesterday due to illegal search and seizure. My attorney found out the police car had a camera which recorded what happened in the driveway. Since the video didn't show any signs of me being combative, threatening, or resisting the police officer... he had no legal cause to search me or my property. This wasn't a ruling from the bench... prosecutor dropped charges. Justice prevailed!!!
 


xylene

Senior Member
Good for you and a fair outcome

Don't help anybody out by taking possession of their drugs.
 

CdwJava

Senior Member
Case Dismissed yesterday due to illegal search and seizure. My attorney found out the police car had a camera which recorded what happened in the driveway. Since the video didn't show any signs of me being combative, threatening, or resisting the police officer... he had no legal cause to search me or my property. This wasn't a ruling from the bench... prosecutor dropped charges. Justice prevailed!!!
No, the case was not "dismissed" the charges were dropped. And the prosecutor could have dropped the matter for any number of reasons, not because he believed there was an illegal search of any kind. I imagine the prosecutor had possession of the video footage from the beginning - or should have. And understand that being threatening, etc. is not the only reason to conduct a pat-down or more intrusive search. It may be that the prosecutor decided the search was more intrusive than justified for a pat-down search, or maybe one of the involved officers had become unavailable - who knows?

In any event, I would hope that you have since then sought out help for your drug problem and that this would not be an issue again in the future.
 

Freedom17

Junior Member
No, the case was not "dismissed" the charges were dropped. And the prosecutor could have dropped the matter for any number of reasons, not because he believed there was an illegal search of any kind. I imagine the prosecutor had possession of the video footage from the beginning - or should have. And understand that being threatening, etc. is not the only reason to conduct a pat-down or more intrusive search. It may be that the prosecutor decided the search was more intrusive than justified for a pat-down search, or maybe one of the involved officers had become unavailable - who knows?

In any event, I would hope that you have since then sought out help for your drug problem and that this would not be an issue again in the future.

First off, I don't have a drug problem and you don't know what your talking about... and your presumption/speculation is wrong!! During discovery [do you what that means] my atty filed motion to access the video. After viewing he prepared a motion to dismiss based on illegal search... and took it to PTC and rather going any further the charges were dropped.... which is essentially the same thing as case dismissed.
 
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