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New Indiana Supreme Court Ruling Affects Your Right to Counsel

Under the Indiana Constitution, a person in police custody must be advised of the right to consult with counsel before being able to validly consent to a search. However, the Indiana Supreme Court has recently held that this constitutional right is not required for a drug recognition evaluation (DRE) in operating while intoxicated cases.

In Dycus v. State, the court held that the right to consult counsel advisement before consenting to a search is required in circumstances involving great risk of involuntary consent and where there is a likelihood that the police will come across inculpatory evidence beyond what they specifically seek. A DRE according to the court is not that type of search because it believes a DRE is specific enough to eliminate the risk of involuntary consent. The court decided that components of a DRE are narrow in scope, there’s no concern that the person in custody will fail to appreciate the magnitude of the rights they forego when consenting to a DRE, and police officers are only going to find evidence of intoxication – nothing more.

With over 35 years of handling thousands of criminal cases, Steven Knecht is familiar with the possible defenses to operating while intoxicated offenses and other criminal charges. Few other attorney can match his trial experience and knowledge of criminal law and he can use that experience and knowledge to benefit you. If you find yourself having been arrested, you should immediately hire an experienced criminal defense lawyer that you can trust such as Steven Knecht to help you fight the State because you have a lot at stake on the outcome.

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