Legal Question in Criminal Law in Indiana

Search and Seizure @ a business

police said that there was evidence of an intruder, so they searched said property for this intruder. upon entering the building they found a loft area where there was evidence of cultivating, heat lamps, bulbs, seven plants, etc. after this they called the prosecutor who instructed them to go back in a seize the evidence. there was no warrant issued, no phone call received, and no contact made the only way i know the police found them is because it was printed in our local newspaper. in short they r claiming that they were looking for an intruder instead they found an operation that was not in plain site. what r the laws and procedures for police investigating break ins at businesses? can they search a business without a key holder or owner present? can they do all these things and then not even contact you to tell you about the possibility of a break in? is this considered an illegal search and seizure because there was no warrant? now from my understanding police are not allowed to search a businesses property without a keyholder or owner present if they believe there has been a break in, two nights before this all went down they called and said that there was a break in, were they just setting me up or what?


Asked on 1/28/03, 11:50 am

1 Answer from Attorneys
Paul Stanko Law Offices of Paul D. Stanko

Re: Search and Seizure @ a business

Sounds like a setup. But regardless, even if they entered in fresh pursuit of an intruder (dubious), they should have gotten a warrant before RE-entering. The search and seizure are questionable on at least three levels. If there are criminal charges arising from this seizure, successful attack upon the search and seizure would probably knock out the charges as well.

Read more
Answered on 1/28/03, 12:37 pm


Related Questions & Answers

More Criminal Law questions and answers in Indiana