Legal Question in Criminal Law in Indiana

i wasnt sober

ive been caught with a meth lab. i was drug tested in my house, i had every drug in my system except heroin. rule nuber 5 of the search warrant says ''i am sober, competent...'' could that make it an invalid search warrant.


Asked on 4/29/04, 2:10 pm

2 Answers from Attorneys

Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: i wasnt sober

The answer is that it could have an impact on the way serach was conducted which might impact the admissability of the evidence. There would be a number of other factors which would need to be addressed which include whether this is Fedreal or state case. your drug test results and any witnesses present may assist in the determination of any issues regarding the search. Again, all of this would have to be looked at before a real answer could emerge.

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Answered on 4/29/04, 2:24 pm
E. Brian Davis Davis Law Office

Re: i wasnt sober

I strongly suspect that what you are referring to is a consent to search, not a search warrant. A search warrant is issued by a judge to allow the police to search where (and for what) specified.

If the police had no authorization to search other than your "consent" evidenced by your signature on a form, you have an argument. It is something of an uphill struggle, particularly if you appeared to understand what was going on, but well worth exploring.

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Answered on 4/29/04, 11:22 pm


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