Being Stopped by Police in Indiana
Police searched me or my car — here's what Indiana law says and what to do next.
Statute: Ind. Const. Art. I, section 11 (unreasonable search or seizure); Ind. Code section 34-13-3-8 (tort claims — 270 days)
Deadline: 270 days
Penalty: Indiana requires tort claim notice within 270 days. Indiana's constitution provides search and seizure protections interpreted independently from the Fourth Amendment in some cases
What is being stopped by police?
The 4th Amendment protects you from unreasonable searches and seizures. In most cases, police need a warrant signed by a judge before they can search your home, car, phone, or belongings.
There are exceptions — police can search without a warrant if you give consent, if evidence is in plain view, or in certain emergency situations. But the default rule is: no warrant, no search.
What to Do If Police Want to Search You
Step 1: Say clearly: "I do not consent to any searches." Say it calmly and repeat it if needed. This preserves your rights even if police search anyway.
Step 2: Ask: "Do you have a warrant?" If police say yes, ask to see it. A valid warrant must specify the place to be searched and the items to be seized.
Step 3: Do not physically block or resist a search, even if you believe it's illegal. Your remedy is in court, not on the scene.
Step 4: Document everything afterward. Write down what happened, what was searched, what was taken, and the names/badge numbers of officers involved.
Step 5: If evidence was obtained through an illegal search, your attorney can file a motion to suppress it (the "exclusionary rule" from Mapp v. Ohio, 1961).
How Indiana differs from federal law
Indiana's search and seizure protections come from both the Indiana Constitution and the Fourth Amendment:
- The Indiana Constitution, Art. 1, § 11 protects against unreasonable searches and seizures
- Indiana uses a unique analysis under Art. 1, § 11: the Litchfield reasonableness test considers (1) the degree of the intrusion, (2) the basis for the warrant or search, and (3) law enforcement needs
- This Indiana-specific test can provide broader protections than the federal Fourth Amendment
- Indiana requires warrants for most searches with standard exceptions
- IN courts follow the exclusionary rule for illegally obtained evidence
- Indiana allows DUI/sobriety checkpoints under specific guidelines
Additional steps in Indiana
If you believe your rights were violated, contact an Indiana criminal defense attorney. File a complaint with the law enforcement agency's internal affairs division. The ACLU of Indiana can be reached at (317) 635-4059 or aclu-in.org.
What you should NOT do
Don't consent. Police may ask "mind if I take a look?" or "you don't have anything illegal, right?" These are requests for consent. You can say no.
Don't leave your door open. If police knock on your door, you can speak through the door or step outside and close it behind you. An open door can give police a "plain view" argument.
Don't unlock your phone. Police cannot force you to unlock your phone with a passcode (5th Amendment). Biometric locks (fingerprint, face) have less protection — consider disabling them during an encounter.
Don't destroy evidence. If police are approaching, do not throw away or destroy anything. That creates new charges and implies guilt.
Don't wait — the clock is ticking.
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Generate your unlawful search →This page is general legal information for Indiana, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Indiana.