Police cannot randomly interrogate people or search their possessions. The Indiana Court of Appeals recently upheld a ruling of the Jay Superior Court (Portland, IN) to suppress evidence obtained during the interrogation of man ultimately charged with operating a motor vehicle while suspended for life, a Class C felony.
The Jay Superior Court Judge granted the driver’s motion to suppress the evidence ruling that the interrogation of the driver was unlawful. The Indiana Constitution prohibits unreasonable search and seizure. The Court ruled that because the police had already responded and resolved the noise complaint, and the defendant had not yet arrived at the party, there was no need for police to interact with the defendant and no need to ascertain his identity. As a result, the police interrogation was unlawful under the Indiana Constitution.
Citizens have a legitimate expectation of privacy in their homes, cars, and computers. Police cannot randomly interrogate citizens. You should never consent the search of your person, vehicle, home, or computer. The police must have probable cause that a crime was committed to obtain a search warrant. Whether you are stopped for DUI, accused of theft, or suspected of maintaining a common nuisance, you should never give a statement to police without your lawyer present. If you are a suspect of a crime, or have been charged with a crime, you should contact an experienced criminal attorney immediately. If evidence has been illegally seized by police, an experience criminal attorney can file a motion to suppress the evidence.
