Q: indiana rules When executing a knock and announce search warrant are bodycams excluded? Why?

The police never gave the signed warrant to the clerk to file. Took 11 months to return the warrant and it's not the same cause number. Also no bodycams? Why

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

A: First, body cams are not required by law, so there is nothing abnormal or problematic with not having body cam video in discovery since not all officers are equipped with body cams.

Second, it is not uncommon for search warrants to be obtained under a unique cause number and not in the same cause number of any charges that are filed related to the warrant.

Third, filing the returned warrant 11 months after the service of the warrant is odd, but an attorney would need to review the circumstances involved to determine whether this late return creates any opportunity for a motion to dismiss or suppress.

These are issues you really need to discuss with the attorney on the case. There are many facts and circumstances that factor into the analysis of a situation like this one.

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