In Canon Harper and Adrian Porch v. State of Indiana, No. 10A01-0908-CR-417, despite the Court finding that the search was invalid, it reasoned that the error was harmless because the defendants consented to the search, therefore curing any potential constitutional problem. Therefore, the search was held to be permissible under both the Federal Constitution’s Fourth Amendment protections as well as under Article I, Section 11 of the Indiana Constitution.
Citizens- YOU have the responsibility to protect your own rights. Assert them politely and clearly. DO NOT consent to a search unless you want to give law enforcement the broad authority to find any contraband on your person, in your vehicle, or even in your home. Otherwise, whatever evidence they find can and will be used against you in court. If you refuse to consent to a search, an attorney may be able to suppress any evidence recovered if the search violated your rights. If this has happened to you or someone you know, contact an attorney immediately.
This article is not intended to provide legal advice or to establish an attorney-client relationship. Please seek legal assistance from an attorney. This article was written for entertainment and educational purposes only.