The Search Warrant Listed Occupant's Property As "Stolen"

[millerandmilller]

My question involves search and seizure law in the State of: Indiana


My b/f is facing 6 counts of class D felony theft charges. He has not been charged yet.

He was caught in a relatives house that contained stolen items. The search warrant listed his jacket as one of the "stolen" items as well as everything else he was wearing at the time(dark shoes,dark jeans...) I bought that jacket for him. I have the receipt and so I can prove it. Not to mention the store does uses cameras so we are both on tape at the time of the purchase.

I am not sure if his jacket is one of the 6 counts he is facing but if it is what can we do about it. What can we do about the fact that his whole outfit was on the search warrant as "stolen" items to look for in the house? How can you prove these items were not ever actually reported stolen by anyone? I mean where is the police report of someone claiming these items as stolen(hisjacket,shoes and jeans...) because I want to see it. Don't they need actual paper reports for an item to be considered stolen? This warrant doesn't seem legal to me. I smell bull s**t.

If we can prove that items on this warrant were fabricated is there anyway we can get all of the charges dismissed? They did find at least one thing reported stolen in that house. There is at least one legit charge among all this crap though.He is not totally inocent here. If we can prove that they added whatever items they wanted to in that warrant is there any way ALL of the charges could be dissmissed because of that?

[jk]

yes, for property to be considered stolen, somebody has to claim it is stolen. The fact there were very specific items on the warrant, that would mean somebody reported those exact items.

as to what can you do; he can let his attorney know you have a receipt for the jacket.