What to Do if Asked to Be Interviewed for a Criminal Case

One of the most common questions criminal defense lawyers get from clients has to do with police interrogations. They commonly ask, “If a detective wants to ask me questions about a criminal case that I am a suspect in, should I talk to them?” And the answer is not what you’d expect. Generally, it is always recommended to obey law enforcement and do as they tell you. But in the case that you might be a suspect for a crime, voluntarily speaking with detectives is not in your best interest.

Continue reading to find out why, and what to do if you are asked to stop by the police station for questioning.

Criminal Defense Law Firm 317-636-7514
Indiana Criminal Defense Law Firm 317-636-7514

Police Interrogation Tactics and Methodologies

When a detective asks a person to voluntarily come by the station to answer a few questions regarding a criminal case, they actually have a hidden agenda that is not made evident to the person being asked to come in. For one, law enforcement officials are not legally obligated to tell you that you are a suspect in a criminal investigation.

In fact, one of the oldest tricks in the book is to address you initially as a potential witness, and act very polite and friendly to lower your guard and make you feel comfortable giving up wanted information. Another part of this trick is that if you come into the station voluntarily, you are not in custody. This means law enforcement does not have to read you your Miranda Rights, which remind you of your right to remain silent and your right to a lawyer.

And the tricks to not stop there. People often feel like they can handle a police interrogation, and feel confident that they have no valid evidence against them. But this is one of the biggest mistakes you can make as a possible suspect in a criminal investigation. This is because police can make up anything, they want to get a person to say things that didn’t really happen.

It is common for detectives to tell suspects that they have video surveillance of them committing the crime, or that they found their DNA all over the scene of the crime. They will say anything they have to in order to get a suspect to admit or give up information. It is also common for suspects to give false confession after hours of endless interrogation.

If it Happens to You, Hire a Criminal Defense Attorney

If you are ever asked to voluntarily come into a police station for questioning, or provide a statement regarding a criminal matter, remain silent. And then contact an experienced criminal defense lawyer immediately. They can evaluate your situation and determine if it’s best for you to give a statement or remain silent. They will protect your rights and preserve your freedom to their best ability.

Where to Get Trusted Indianapolis Criminal Defense and Legal Advice

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense lawyer who will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana criminal charges. Here at The Law Office of David E. Lewis, we are ready to be your number-one advocate through this difficult time in your life. Trust our legal professionals to develop a strong defense for your case and work around the clock to place you in the best position possible following an arrest, charge, or conviction.

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Do I Call a Bail Bondsman or a Lawyer First?

A bail bondsman and a lawyer play two separate roles when it comes to assisting defendants in a criminal case. After your loved one is arrested, or after finding out that you have a warrant out for your own arrest, you might be torn between calling a bail bond company first, or a criminal lawyer. Although both are important, one should come before the other.

Continue reading to learn the order of events that should take place after becoming aware of an arrest warrant, or after your friend or loved one is arrested and taken to jail.

Indianapolis Criminal Defense Law Firm
Indianapolis Criminal Defense Law Firm 317-636-7514

After the Arrest of Another

Let’s start with the arrest of a loved one, whether that be a relative, friend, partner, or spouse. If they are arrested, and you are appointed the duty of managing the situation, your first step is to learn more about their arrest. To do this, you would need to contact the local county jail they are being detained in, and ask the clerk for their information. They should be able to tell you the defendant’s charges, how much the bail has been set for, your options for posting bail, and the jail address and contact information.

However, if the person has just been arrested, it may take a few hours to get this information into the jail database. In this case, it is best to wait an hour or two, and then contact a local bail bond company in the county of the jail. If you are not keen on the particular county of arrest, still contact any local bail bondsman, and they should be able to find all the information you need to begin the bail process for your loved one.

Discovering a Warrant for Your Arrest

When it comes to learning of your own arrest warrant, your first step would be to contact a lawyer, rather than a bail bondsman. A criminal defense lawyer can prearrange a surrender that best accommodates a defendant and their respective families. Otherwise, surrendering to an arrest warrant alone can lead to a longer stint in county holding, and a wider range of inconveniences, such as missing work, losing wages, inability to pay bills, and more.

Where to Find Reputable Indianapolis Criminal Defense You Can Trust

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense lawyer who will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana criminal charges.

Indianapolis Criminal Defense 317-636-7514
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Can My Civil Case Lead to Criminal Charges?

Most people wouldn’t think that entering into a civil lawsuit or mediation would wind up with them facing charges in criminal court, however these scenarios do happen. Continue reading to learn when, and what you should do if your civil case leads to a criminal one.

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Indiana Criminal Defense 317-636-7514

Civil Court

Small claims court, also known as civil court, deals mostly with civil cases disputing small amounts of money. Civil law is the area of the American legal system that manages disputes or wrong-doings between private parties. A common example of such cases involves property damage, family law and divorce cases, disagreements over property ownership, breach of contracts, landlord cases, wrongful terminations, personal injuries, and similar legal matters.

The dollar limit that defines a small claim is $6,000 or less. However, in Indianapolis, the cap is set at $8,000. Suing for more than these amounts in Indiana will require you to go through a different court system. In most cases, small claims court proceedings are speedy, uncomplicated, and inexpensive. They are also quite informal, so you do not need professional legal counsel, nor extensive knowledge of the law or statutes governing your case.

Criminal Court

There are two primary types of criminal courts in the United States, state courts and federal courts. Of course, within those include appellate courts, district courts, and so on. State courts are established by the state, and may include local courts as well. Local courts are usually established by individual cities, counties, townships, or other types of common municipalities. They adjudicate cases that involve crimes that break laws set and enforced by the state (also known as state laws). In contrast, federal courts are established under the United States Constitution, and adjudicate cases that involve crimes that break laws passed by Congress. See our article, “The Difference Between Federal Law and State Law” to learn more.

When Civil Turns Criminal and Vice Versa

in most scenarios, criminal cases can lead to civil cases. For instance, if Dave punches a guy in a bar, he can be arrested under assault charges, which is a criminal case. If the victim suffers extensive injuries, perhaps a fractured jaw, broken teeth, or permanent scarring, they can choose to file a claim against Dave in civil court to recover compensation for his damages and losses, such as medical expenses and lost wages.

In the opposite scenario, there are times when a civil case can lead to a person being indicted on criminal charges. For example, if Tina files a restraining order against her ex-boyfriend, Jed, but if he violates that order, the civil restraining order case remains, plus he can face criminal charges for violating a protective order.

Where to Get Trusted Criminal Defense in Indianapolis, Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to learn how you can beat your Indiana criminal charges with aggressive defense. Attorney David E. Lewis is your solution to reducing your sentence, and protecting your freedom. Our Indianapolis criminal defense law firm offers free initial consultations, so you do not have to pay anything to simply talk to a lawyer and get advice on how to approach your charges. Call 317-636-7514 to schedule your online, over-the-phone, or in-office appointment, today.

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Frequently Asked Questions About State and Federal Crimes

There are two main levels of judicial court in the United States: Federal and State. Although the two courts are much different from one another, there are several key similarities too. If you are currently facing criminal charges, you need to know what state and federal court does, and how it might impact your case. Below, you will learn some fundamental information about state and federal offenses, including how to avoid the maximum penalties for your misdemeanor or felony charges.

Criminal Defense Law Firm 317-636-7514
Criminal Defense Law Firm 317-636-7514

How Does Federal Court Differ From State Court?

State courts are established by the state, and may include local courts as well. Local courts are usually established by individual cities, counties, townships, or other types of common municipalities. They adjudicate cases that involve crimes that break laws set and enforced by the state (also known as state laws). In contrast, federal courts are established under the United States Constitution, and adjudicate cases that involve crimes that break laws passed by Congress.

What are Federal and State Crimes?

Federal crimes are more serious than state crimes, and generally come with heftier fines and penalties, including jail time. In fact, a felony crime is one that is punishable by up to one year in a federal prison. Felonies are divided into 7 categories in Indiana: Level 1, Level 2, Level 3, Level 4, Level 5, Level 6, and Murder. Each level of felony is assigned a separate statute regarding penalization.

State crimes are those that break laws set by and enforced by the state. They are referred to as “misdemeanors”, which are lesser offenses compared to felonies, but still serious crimes that come with harsh penalties and life-long consequences. Misdemeanors are divided into three “classes”, from most serious to least serious: Class A Misdemeanors, Class B Misdemeanors, and Class C Misdemeanors.

What are Some Common Types of Federal Offenses?

Federal offenses are very serious. Some common examples include arson, bank fraud, healthcare fraud, mail fraud, car theft, identify theft, carjacking, kidnapping, civil rights offenses, drug trafficking, drug dealing, armed robbery, firearms offenses, assault and battery, sexual assault, child molestation, hate crimes, homicide, and murder.

Should I Hire an Attorney to Represent My Criminal Case?

The best step you can take toward securing your rights and protecting your freedoms when charged with a crime is to hire a licensed criminal defense lawyer to represent your case, whether you are facing a felony or misdemeanor conviction. Without the representation of a skilled criminal attorney, you greatly risk being sentenced to the maximum levels of punishment for your crime. That includes doing time in jail, which can greatly affect your employment, schooling, childcare, and more.

Where to Get Trusted Criminal Defense in Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to learn how you can beat your Indiana criminal charges with aggressive defense. Attorney David E. Lewis is your solution to reducing your sentence, and protecting your freedom. If you want to avoid the maximum penalties for your criminal charges, it is important to let our skilled legal teams build an impactful defense that will sway the decision of the courts. Our Indianapolis criminal defense law firm offers free initial consultations, so you do not have to pay anything to simply talk to a lawyer and get advice on how to approach your charges. Call 317-636-7514 to schedule your online, over-the-phone, or in-office appointment, today.

Indianapolis Criminal Defense 317-636-7514
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Indiana Incarceration Times for Misdemeanor and Felony Convictions

Your first priority after being charged with a crime is to contact a lawyer and schedule a consultation to discuss your case and learn your rights. This consultation will also help you understand how to protect yourself during the criminal law process. Additionally, your next priority, aside from obeying the law, is to learn as much as you can about your potential charges. Some criminal convictions come with a sentence of jail time, while others do not.

Continue reading to learn what the current incarceration schedule is for all misdemeanor and felony convictions.

Criminal Defense Law Firm 317-636-7514
Criminal Defense Law Firm 317-636-7514

Factors that Impact the Probability of Incarceration

There are several factors that determine whether or not an offender will be sentenced to jail time after being convicted of a crime. The most impactful factors are the severity of the crime, the offender’s criminal history, and whether or not the offender is a threat to themselves or the surrounding community. See our blog, “Factors That Affect Jail Sentences” to learn more about what might influence a judge or jury to recommend incarceration. These same factors, and more, will also influence the type of jail or prison an offender will be sent to, following a conviction of incarceration.

Incarceration Sentencing Statutes for Indiana

Murder → 45 Years in Jail – Death

Level 1 Felony 20 – 40 Years in Jail

Level 2 Felony → 10 – 30 Years in Jail

Level 3 Felony → 3-16 Years in Jail

Level 4 Felony → 2 – 12 Years in Jail

Level 5 Felony → 1 – 6 Years in Jail

Level 6 Felony → 6 Months – 2.5 Years

Class A Misdemeanor → 0 – 1 Year in Jail         

Class B Misdemeanor → 0 – 3 Years in Jail         

Class C Misdemeanor → 0 – 30 Days in Jail

If you were just charged with a crime, take comfort in the knowing that there is a skilled criminal defense attorney nearby, ready to fight for your rights!

Where to Get Legal Advice For Your Indiana Criminal Charges

Call 317-636-7514 to schedule a consultation with aggressive criminal defense attorney, David E. Lewis regarding your felony crimes. He will stop at nothing to protect your rights and preserve your freedoms after being charged with invasion of privacy in Indianapolis. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges.        

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The Best Advice on Managing an Arrest Warrant

Fear, anxiety, and paranoia are just a few emotions experienced by a person with a warrant out for their arrest. A warrant means jail time, at any time. Being stopped by a police officer or government official can put you in a situation where your warrant can be easily discovered. This could be while trying to renew your drivers’ license at the BMV, or being stopped for a routine traffic ticket on the road.

Once a warrant is discovered, there are no negotiations; you are instantly arrested and taken to jail. So, when there is a warrant out for your arrest, relieve yourself of all the fear, stress, and potential legal repercussions by simply preparing yourself for a surrender. First, you must confirm whether or not there is an active warrant in your name.

Continue reading to learn how you can look up an arrest warrant for yourself, and which option is the best.

Criminal Defense Law Firm 317-636-7514
Criminal Defense Law Firm 317-636-7514

Legal Preparation is the Key to a Successful Surrender

For someone who is not rightfully prepared to turn themselves into the jail, being taken into custody can result in undesirable situations. For instance, they can jeopardize their job by missing work without notice because they did not have a chance to discuss it with the boss and set aside days off work to handle the warrant. They will also miss out on an opportunity to retain legal representation to manage their surrender, bail, and defense. When a person is arrested unexpectedly, there is no telling when they will be released from jail. 

When you are prepared to surrender to an arrest warrant, in most cases, it only takes a few hours from start to finish. Of course, this result is greatly influenced the type of lawyer representing your surrender and defense. Those with outstanding warrants for their arrests find it easier in the long run to prepare to turn themselves in rather than risk being caught at an unexpected time.

So, take their advice if you are facing one yourself. Surrendering to an arrest warrant is not convenient, but it avoids many dilemmas and headaches. Children are accounted for, work time is re-arranged with the permission of your boss, and bail is already set up. This will result in a quick and speedy bail process. 

 How to Find Out if You Have an Outstanding Warrant

There are several safe and reliable ways to figure out if there is a warrant out for your arrest. One option is to call the police station, directly. They can look up your information over the phone and determine whether or not there is an active warrant under your name. If you know the particular county that your warrant was issued from, call that police station. 

Another option is to call the courthouse. Like the police, they too will have information on your case, as well as instructions on how to turn yourself in. It may be possible in your area to check online if you have a warrant, but these are not recommended nor verified resources.

The best strategy for managing an arrest warrant is to contact a licensed Indianapolis criminal defense lawyer. They can coordinate your surrender, or perhaps even dismiss it altogether. From there, they can build you an impactful defense to fight your criminal charges.

Where to Get Trusted Criminal Defense in Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense lawyer who will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana criminal charges.

Indianapolis Criminal Defense 317-636-7514
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The Law Office of David E. Lewis Has Moved to a New Location!

156 East Market Street Suite 900
Indianapolis, Indianapolis 46204

The Law Office of esteemed criminal defense lawyer, David E. Lewis, has officially moved to a new easy-to-find Indianapolis location! Clients will enjoy several free amenities and conveniences our new office location has to offer, including free parking, easy navigation, serene landscaping, clean and comfortable lobby, and much more. Best of all, our new office location is nearby a plethora of wonderful downtown Indianapolis restaurants, shopping, and activities, which means you can take a well-deserved break after a meeting with your compassionate legal team.

Indianapolis Criminal Defense Law Firm
Indianapolis Criminal Defense Law Firm 317-636-7514

Here is our new office contact information:

156 East Market Street Suite 900
Indianapolis, Indiana 46204

Phone: 317-636-7514

Hours of Operation:
Monday – Thursday: 8:30am – 5:00pm
Friday: 8:30am – 4:30pm
Saturday: Appointments Available
Sunday: Closed

The Law Office of David E. Lewis aggressively represents all state and federal criminal cases, including DUI charges, marijuana charges, heroin charges, cocaine charges, theft charges, white collar crimes, sex crimes, violent crimes, misdemeanor charges, felony charges, domestic violence charges, probation or parole violation charges, and much more. Although we represent several areas of criminal law, we specialize in drunk driving defense, so if you are charged with a DUI or OWI, we can conceivably help you avoid jail time and possibly lower or dismiss your charges.

When it comes to achieving the best possible outcome in court after being charged with a crime in Indiana, Attorney David E. Lewis is the obvious choice for criminal defense. If you or someone you love is facing criminal charges, trust David E. Lewis to build an impactful and strong defense to protect your rights and preserve your freedoms.

Who is Attorney David E. Lewis?

David E. Lewis is a seasoned criminal defense attorney with more than 25 years of experience practicing criminal law in Indiana. After graduating from Indiana University in 1987 with a degree in Political Science, he was accepted into Indiana University Law School. While attending law school, he not only worked as a bailiff for the Marion County Superior Court III, he also worked in the Marion County Public Defenders’ Office. Upon graduating from law school in 1990, David E. Lewis was ready to help Hoosiers everywhere avoid the maximum penalties for their criminal charges. Attorney David E. Lewis’s compassion for those facing criminal charges runs deep, as does his drive to protect their rights and preserve their freedoms.

For this reason, he started out working as a Master Commissioner for the Marion County courts, strictly presiding over criminal cases. Through these years, he was able to gain an extensive amount of knowledge and experience of all sides of the law, making him a strong and effective counselor. From there, he knew he wanted to do more for people in need of compassionate criminal defense. So, he began his own criminal defense practice, and over the past two decades, has now helped thousands of Indiana defendants reduce or dismiss their criminal charges. He is an upstanding member of the Indiana Trial Lawyers Association, as well as, the Indianapolis Law Club. He works around the clock for his clients to ensure their rights and freedoms are protected, and that they receive the most favorable outcome possible in court for their particular criminal charges.

Get in Touch for a Consultation TODAY

If you do not already have a licensed Indiana criminal defense lawyer working on your case, you need one right away. Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful defense against your Indiana criminal charges so that you have a chance at avoiding the maximum penalties for your suspected crimes. Our law firm offers free initial consultations, so there is no out-of-pocket obligations to you.

Indianapolis Criminal Defense 317-636-7514
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Are You Innocent of a Recent Criminal Charge in Indiana?

If you were recently arrested and charged with a crime that you are not guilty of, you should be worried. That is because, unfortunately, many innocent suspects are found guilty when they really aren’t. Naturally, the outcome of your case will depend on the skill of your criminal defense lawyer.

For these reasons, your number one priority when facing a conviction for a crime you did not commit is to retain adept, experienced, and aggressive criminal defense. Otherwise, not only can you risk being convicted, you risk being sentenced to the maximum penalties, which can include jail or prison. Furthermore, a conviction can linger in your life forever, affecting everything from your education and career, to your social life, child custody, and more.

If you were recently charged with a crime that you did not commit, continue reading to learn exactly what you need to do, starting RIGHT NOW.

Criminal Defense Law Firm 317-636-7514
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Contact a Qualified Lawyer ASAP

Innocence is very difficult to prove on your own. You need a skilled criminal defense attorney who knows the law, the court system, the prosecutors, and magistrates. You need an experienced criminal defense attorney who knows how to build a strong and impactful defense in order to protect your rights and preserve your freedoms.

You Need David E. Lewis, Attorney at Law…

David E. Lewis, Attorney at Law is a licensed defense lawyer with more than 25 years of experience practicing criminal law, and has developed an extensive understanding of the how the justice system works in Indiana. He has a passion to reunite his clients with their loved ones so they can get back to leading a happy and law-abiding life after a distressing criminal case. The Law Office of David E. Lewis provides aggressive criminal defense for anyone charged with a crime in Indiana. And although based out of Indianapolis, our firm’s legal services are available to clients in all cities and counties within the state.

Start With an Easy Phone Call

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you have been charged with a crime in Indianapolis or anywhere else within Central Indiana. He offers aggressive and experienced criminal defense for anyone facing criminal charges in Indiana. Don’t settle for an attorney that doesn’t have the drive. Attorney David E. Lewis will stop at nothing to protect your rights and preserve your freedoms. We also offer criminal record expungement services to help clean up your criminal history and improve your quality of life!

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Here’s What You Can Do to Improve Your Criminal Case

Your criminal defense lawyer is ultimately your most influential weapon against the maximum penalties for your criminal charges. For this reason, it is vital, for both protecting your rights and preserving your freedoms, to hire a seasoned and qualified attorney to build your defense. However, the fate of your legal proceedings are not entirely reliant on your lawyer; there are things you can do as well to help improve the outcome of your case.

Continue reading to learn what you can do to help your own criminal case, including who to trust to build you a strong and impactful defense to avoid the maximum penalties for your charges.

Indiana Criminal Defense Law Firm
Indiana Criminal Defense Law Firm 317-636-7514

If you are facing criminal charges in Indiana, your fate is mostly in the hands of the state prosecutor’s office since they have complete discretion over giving you a plea deal, and what goes into the agreement altogether. This is another reason why you must choose a seasoned and qualified lawyer for your defense; they are likely to have longstanding relationships with the local prosecution and magistrate community.

When it comes to prosecution giving you a plea deal, there are various factors that influence their decision. Such factors include criminal history, behavioral conduct with law enforcement, substance abuse, severity of crime and whether or not it involved bodily harm to another person, and more. It may seem like there is nothing you can do to alter their decision-making process, but that is not true.

Here are two things you can do that might help your case:

❶ Create a Sentencing Memorandum

Your criminal defense lawyer can draft a document referred to as a “sentencing memorandum”, which basically illustrates an accurate depiction of your life and who you are as a person. Topics to include in this document include your employment, level of education, goals, contribution to the local community, explanation of your criminal history, reason for committing the alleged crime, conduct since the arrest, role as a partner, spouse, parent, or legal guardian, and similar personal details about your life. This document can show the prosecution that you are not defined by your alleged crime, nor a threat to your community.

❷ Gather Character Reference Letters

Another great way to improve the outcome of your criminal case is to gather a collection of character reference letters from important members of your family, friends, co-workers, employers, and local community. These letters should be written by those you trust to be honest, yet supportive of your reputation. Examples of people to ask for character reference letters include employers, teachers, professors, mentors, friends, children, and even religious leaders. Within these letters, you would need to also include forms of verification, such as employment records, school transcripts, college acceptance letters, certificates and awards, attendance logs, doctors’ letters, and more.

Get Aggressive Criminal Defense in Indiana

Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful defense against your criminal charges so that you have a chance at avoiding the maximum penalties for your suspected crimes. Our Indianapolis criminal defense law firm offers free initial consultations, so there is no out-of-pocket obligations to you. Get started protecting your future, today.

Examples of Unlawful Search and Seizures

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

The Fourth Amendment of the United States Constitution gives citizens the right to be free of unlawful or unreasonable searches and seizures by law enforcement officials. In fact, this very search and seizure law is one of the trademarks of our country’s criminal justice system. It means that police and other forms of law enforcement must have a good reason to legally search a person or their property, as well as, seize personal belongings or make an arrest.

“Good reason” is established when police identify tangible evidence or facts that leads them to believe a person is committing, has committed, or intends to commit a crime. This is also referred to as probable cause. If sufficient probable cause is present during a police encounter in a place where privacy is not expected, a search and seizure is not deemed unreasonable, therefore, it is not illegal. Places where privacy is not expected include anything that is in plain view or public, such as the front seat of a car, disposed garbage, and public places.

Places where privacy is expected: private residence, hotel room, trunks of cars, luggage, and even a closed telephone booth. To help understand what is legal and what’s not, continue reading for some examples of unlawful search and seizures.

Traffic Violation Stop

Janet is pulled over for speeding. The officer learns that her license and suspended and she does not have auto insurance coverage for the vehicle. For this reason, he must have the car impounded. During a legal vehicle impound, an officer is allowed to conduct an inventory search of the contents of the vehicle. But the search must be conducted according to standard police regulations and procedures. The officer asks Janet to step out of her vehicle and stand in front of his squad car.

She exits her vehicle, taking her purse with her, and follows his orders. As she is standing in front of the police car holding her purse, the cop instructs her to place her purse in the trunk of her car instead. Now that the purse is in her vehicle, the police officer uses the opportunity to search the contents of her purse as part of the inventory search. As a result, he finds a small amount of marijuana in her purse, and then he arrests her on drug possession charges.

Later, the court finds that: 1) the search did not comply with the standard regulations for an inventory search, 2) the defendant had her purse outside of the vehicle when the officer instructed her to place it back inside, and 3) there was no evidence of criminal traffic violation, only standard traffic infractions. Since the courts ruled that the search was unlawful, the evidence found during the search was dismissed. And although the impounding and inventory search were legal, the search of her purse was not. So in the end, Janet was not charged with drug possession.

Noise Disturbance Call

Amy is fighting with her live-in boyfriend Dan. Neighbors call the police to report the noise. By the time the police arrive, Amy and Dan have calmed down and reconciled. They consent to letting the police inside their living room to discuss the calls from neighbors and to confirm that there isn’t a problem. The responding officers so not see anything illegal around the immediate areas of the apartment.

But as the couple is questioned by one officer, the other cop continues to search the rest of the apartment, opening cabinets and closet doors. In the back bedroom closet, the officer finds a stash of prescription-grade medication that is not prescribed to Amy or Dan. They seize the drugs and make the arrests.

Later, the courts find that the police officers unlawfully searched their home, so any evidence found during the unlawful search was dismissed. So neither Amy nor Dan was criminally charged. This is because law enforcement did not have a warrant to search the rest of their property. Cops could only make an arrest in this situation had they found evidence of a crime in plain sight. Law enforcement cannot open drawers and cabinets, search in closets, lift furniture, or implement an type of excessive search of a property without permission.

Call a Lawyer for Help

The laws surrounding our fourth amendment and search warrants is very complex, and differs from case to case. With so many details that can influence whether or not a search and seizure is lawful, it is important to consult an experienced criminal defense lawyer to learn your rights, as well as, the facts surrounding your case.

Indianapolis Criminal Defense

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you were recently searched and arrested by police, and you believe it was unreasonable or illegal. He offers aggressive Indianapolis criminal defense, and stops at nothing to protect your rights and preserve your freedoms. Our law firm offers free initial consultations to discuss your criminal charges and a strategy for defense. Call 317-636-7514 to schedule an appointment with an experienced criminal defense attorney in Indianapolis, IN today.