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Transfer granted to probation search case

May 22, 2009

The Indiana Supreme Court granted transfer Thursday to a motion to suppress case involving a search by a probation officer.

In State of Indiana v. Allan M. Schlechty, No. 38A04-0810-CR-572, the state appealed the grant of Allan Schlechty's motion to suppress drug evidence found in Schlechty's car by a probation officer. The probation officer had gone to where Schlechty was staying to talk about his alleged attempt to lure a 13-year-old girl into his car.

The trial court determined while the probation officer was investigating the accusation, there was no evidence the girl ever was in Schlechty's car or that any of her belongings would be found in it.

Based on that evidence, and that Schlechty didn't provide the probation officer with any reason to conduct a search while they were talking, the appellate court affirmed the trial court's decision. The probation officer believed he could search the car because a police report had been filed.

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