An Indiana Search and Seizure Warrant is a legal document issued by a judge or magistrate that authorizes law enforcement officers to search a person's home, vehicle, or other property and to seize any items that are relevant to a criminal investigation. There are two main types of Indiana Search and Seizure Warrants: a general search warrant and a specific search warrant. A general search warrant authorizes a search of any place or person that the officer believes is connected to a criminal offense. A specific search warrant, on the other hand, requires the officer to identify the exact location, person, or item that is to be searched and seized. Both types of warrants must be based on probable cause and must specify the items to be seized.
Indiana Search and Seizure Warrant
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FAQ
An order of seizure is used to seize specified items of personal property whose ownership and possession is disputed.
Generally, the Fourth Amendment of the United States Constitution and Article 1, Section 11 of the Indiana Constitution prohibit unreasonable search and seizure of persons and property.
A search or seizure is generally considered to be unreasonable without a warrant, subject to only a few exceptions. To obtain a search warrant or arrest warrant, the law enforcement officer must demonstrate probable cause that a search or seizure is justified.
You are not considered to have a reasonable privacy interest in property left out in plain view. This means, for example, that if you leave a gun or bag of marijuana out on the seat of the vehicle and you are stopped, the police may be able to seize it without a search warrant if it is in plain view.
Work with the webpage of a local Indiana area court or sheriff's department to learn if there is an active warrant for your arrest. Many large cities and counties use an online website to display this information; having said that, it may not be readily available in every county or city.
A judge issues a search warrant to authorize law enforcement officers to search a particular location and seize specific items. To obtain a search warrant, police must show probable cause that a crime was committed and that items connected to the crime are likely to be found in the place specified by the warrant.
Pirtle rights are specific to Indiana. Miranda requires police to warn a suspect before conducting a custodial interrogation. Pirtle requires similar legal warnings before an individual who is in custody can consent to a search.
A seizure happens if the officers take possession of items during the search. The Fourth and the Fourteenth Amendments of the U.S. Constitution require that any search of a person or their premises (including a vehicle), and any seizure of tangible evidence, must be reasonable.