Indianapolis, IN asked in Criminal Law, Civil Rights and Constitutional Law for Indiana

Q: Can a probation officer use an illegal search and Seizure Report in a psi and you be sentenced on it?

Ok let me add to this then so I can get a little more clarification. An illegal search and Seizure being detailed into a psi is not a violation of my 4th amendment right? Also bc I had marijuana on me in CA and it's legal and being in Indiana it is illegal this evidence enhanced my sentencing how does that work?

1 Lawyer Answer
James A Hanson
James A Hanson
  • Criminal Law Lawyer
  • Fort Wayne, IN
  • Licensed in Indiana

A: During the sentencing phase of a case, the legal standard for the admission of evidence no longer follows the Rules of Evidence. Rather, the evidence only needs to have "sufficient indicia of reliability" which is a pretty low bar.

Hearsay, and even double-hearsay, is allowed. Anything that is not clearly suspicious in terms of its actual truth comes in.

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