Legal Question in Constitutional Law in Indiana

I'm looking to find the statute for Plain Site. if the police are in my house searching for (with a warrant) stolen car parts and see drugs laying on the table can i be arrested for possession of a controlled substance

Asked on 10/04/11, 12:42 pm

1 Answer from Attorneys

Jorge GEORGE Rodriguez Law Offices of Jorge "George" Rodriguez

Yes. Plain sight, is the legal topic you raise and has evolved from US Constitutional law and the 4th Amendment of search and seizure. It is an exception to the warrant requirements of the 4th Amendment. You'll also find the Indiana Constitution and case law cover the same protections for Indiana citizens. Search and Seizure law also referred to as criminal procedure is a complex and ever changing area of law. If the scenario in your question has happened to you, you should consult an attorney about your legal options to protect your rights and avoid a conviction and jail for a class D felony Theft which carries 6 months to 3 years in prison.

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Answered on 10/15/11, 9:28 pm

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