An Indianapolis woman who was sentenced to 15 years of imprisonment on drug charges will be released after the Indiana Court of Appeals ruled that police had unlawfully seized and searched her.
Terra Garrett was convicted of possession of cocaine in the Marion County, Indiana, felony drug court. Indianapolis criminal attorney (http://www.indianadefenders.com), Kathleen M. Sweeney filed a motion to suppress with the trial court. She contended that police unconstitutionally seized and searched Garrett. Sweeney argued that all statements and physical evidence against Garret should be suppressed.
The trial court disagreed, found Garrett guilty, and sentenced her to a term of imprisonment of 15 years. On appeal in Garrett v, State, the Indiana Court of Appeals agreed with Sweeney and ruled that the police did not have reasonable suspicion to investigate Garrett and their conduct was unconstitutional. The Court ruled that Garrett’s statement to police should have been suppressed as well as the drugs that police recovered from Garrett.
“The Court’s decision upholds each individual’s constitutional right to be protected from police misconduct,”
Read opinion here www.in.gov/judiciary/
Practicing law for over 24 years, Kathleen M. Sweeney represents people accused of crimes throughout the State of Indiana.
