Legal Question in Criminal Law in Indiana

illegal search

after a report of shots fired in my neighborhood the police responded and singled out my residence which was unoccupied at the time. although they may have knocked first, they then proceeded to bust the door completely down. they then searched my home and removed a handgun.


Asked on 2/23/03, 4:18 pm

1 Answer from Attorneys

Paul Stanko Law Offices of Paul D. Stanko

Re: illegal search

Without more information, There is a strong possibility that the search was unlawful. A search must either be supported by a warrant or otherwise must be "reasonable". I'm sure the basis of this search would be the argument that "exigent circumstances" existed to justify a warrantless search. Generally speaking, that requires an objectively reasonable belief that either there is a risk of harm to a person or destruction of evidence. The police can't simply sweep a neighborhood and break down doors. There must have been some type of connection between the shots fired and your home to justify their entry. Even then, it doesn't justify an unlimited search. I assume your handgun was not just lying around in plain view. Plus, unlike illegal drugs or a sawed off shotgun, a handgun can be lawfully possessed, without a permit, in a person's home. On these facts, it appears the search was "dirty".

Were any charges filed against you resulting from the search?

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Answered on 2/25/03, 7:48 am


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