STOPPED BY POLICE FOR SEAT BELT VIOLATION

The police stopped a woman and her friend for failing to wear seat belts. After stopping her, the police officer questioned the driver about where she was going. She provided answers that did not make sense and acted nervously. Her passenger told the officer that she was trying to avoid the police. The police officer recognized the driver and knew she was on a list of people who were only allowed to purchase limited amounts of ephedrine because of past criminal history involving methamphetamine use. He questioned her about her recent purchases of ephedrine. He then asked for consent to search her vehicle and belongings. The driver actually consented to him searching. He then found methamphetamine in her purse. According to the Indiana Court of Appeals police conducted an illegal search of the woman’s purse after stopping her and her friend for failing to wear seat belts.

The Appellate Court held that the officer was not allowed to search her purse based upon these facts and suppressed the evidence. When the Indiana Legislature passed the law mandating people wear seat belts the law specifically stated that it did not provide reasonable suspicion for police to expand their investigation. What constitutes an illegal search and seizure depends on the particular facts of your situation and current Indiana and federal law, which is constantly evolving.

CRIMINAL DEFENSE PRACTICE AREAS

MARIJUANA CHARGES

Marijuana Charges

If you are facing a marijuana-related charge, you need a Lafayette IN marijuana lawyer by your side. Although personal marijuana use has become more mainstream, marijuana laws in Indiana are still quite strict. Marijuana is an illegal substance and if you are found to be possessing it, selling it, transporting it, or otherwise associating with the drug, you may face serious criminal penalties.

OWI / DUI CHARGES

OWI / DUI Charges

If you have been arrested for operating a vehicle while intoxicated (OWI). An OWI conviction could greatly impact your life. You may lose your license or face time in jail or significant fines. We can help you navigate the complex Indiana DUI court process.

TRAFFIC VIOLATIONS

Traffic Violations

Have you ever been stopped by a police officer for a traffic violation? It’s important that you know your rights and how to handle certain situations.