Legal Question in Criminal Law in Indiana

iwas on probation for a misdemeanor o.w.i. while under the influence of controlled substances. my probation officer came to my moms house to serve a warrant for probation violation bcause i had flunked my baseline drug screen which is the one they are supposed to refer to on future drug screens to verify that your level is going lower with each screen thereafter. When my mom called me to the front door,i went to it,placing a bookbag containing various articles of paraphernalia and other things on the living room floor as i was going through. I Went outside,closing the door behind me,and was immediately placed in cuffs. there were 7 officers of varying types present including a parole officer and one in training,the sheriff,2 deputies,probation officer,transport officer,and female officer.After taking me on to the jail,they obtained a search warrant to search the house and unused outbuildings.After finding the book-bag in the living room,they proceeded to take my mom to jail for maintaining a house of commen nuisance and my friend for visiting.They then proceeded to search the house and property for another 2 hours with no one present but them. Is this legal? I thought someone had to be present at all times when a search was being conducted so that it would be harder for the law to plant or fabricate evidence.Am I wrong?

Asked on 11/18/09, 4:47 pm

Jorge GEORGE Rodriguez Law Offices of Jorge "George" Rodriguez

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No one with a possessory interest in the property or otherwise needs to be present when the police execute a search warrant and conduct a search.

Answered on 11/23/09, 5:14 pm

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