Paoli, IN asked in Constitutional Law and Criminal Law for Indiana

Q: i would like to ask the prosecution as to what happened to my POT. Yes is illegal in Indiana, but the deputy sherriff

stated that he would not charge me if he found it in the car. I pilot told him not 2 search my car, stating the last time they illegaly searched they open all the antique 'key chucks' that were sealed never opened. around 30 or so. Anyway They done an enventory search but no pot "marijuana" was included n the invetory. So without implicating the owner how does one go about this type of information? The cop took over a pound of weed, this is the aledged story. I have not obtained the evidence from this case yet. I do know when he opened the door you could hear him say "OH I smell it" That should be on his body cam.

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: If you're seeking information about the whereabouts or handling of evidence, you can file a discovery motion in the court where the case is pending. Discovery motions typically request specific items or information relevant to a case. If the marijuana is not listed in the inventory after a search, but there's reason to believe it was taken by the officer, that discrepancy can be significant. Ensure you review the entire discovery packet, which should include body cam footage, police reports, and any inventory lists. The body cam footage, in particular, can provide crucial insights into the officer's conduct and statements during the search. If any impropriety or misconduct is suspected, it may serve as a basis to challenge the evidence or the actions of the officer. However, tread carefully when addressing the issue, especially if possession is still illegal in the jurisdiction. Always ensure any actions align with the overarching defense strategy.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.