What constitutes illegal search in Indiana Last week, an…

Thank you.

There is no constitutional requirement for a search warrant in order to effect an arrest inside a private residence. Generally, only an arrest warrant is required. Payton v. New York, (1980) 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639. This legal principle was also recognized by the Indiana Supreme Court in Wolfe v. State, 426 NE 2d 647 (1981).

With respect to the cell phone, you indicated that "the police were looking for the cell phone, which the perp was charging on an outlet on the outside of the trailer."

Because the phone was not inside a residence and was in "plain view," the police did not need a separate search warrant to seize the phone. There is no Fourth Amendment constitutional violation on that front.

From the facts that you've described, the search was lawful. There was an arrest warrant and the police had probable cause to enter that particular residence to arrest the person. No warrant was needed to get the phone that was outside.

I wish very much that I could offer you an answer that was more favorable to your circumstances, but the law seems to be pretty clear. I hope you understand.

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