Possession of meth charges were dropped against Donald Hytrek of Lafayette after evidence was suppressed and Hytrek's argument of Fourth Amendment violations were presented to the court.(Photo: ImageDB, Getty Images/iStockphoto)

LAFAYETTE The Fourth Amendment protection against unreasonable searches is alive and well in Tippecanoe County.

Donald E. Hytrek's charges of two counts of possession of meth and one count of unlawful possession of a syringe recently were dismissed because prosecutor's evidence against Hytrek was not properly attained during a November 2018 search, according to court records.

Hytrek was on community correction at his home when community corrections officers and a police officer showed up and announced they were going to search the home.

Court documents indicate that Hytrek had signed the community correction's waiver to searches, but Hytrek's lawyer, Shay Hughes, filed a motion to suppress because Hytrek was never told why the officers searched his house. And, according to Hughes' motion, a signed waiver does not mean officers can search withoutprobable cause.

The reason for the search, according to Hughes' filing, was a drug screen from late October 2018, which might have indicated Hytrek had used amphetamines. However, the officers never communicated that before or during the search.

In fact, the prosecutor didn't even communicate that to Hughes when he asked for the prosecutor's disclosure of evidence, which is required by law.

When prosecutors produced the information about drug screen in June, Hughes filed to suppress the evidence because it was disclosed in a timely manner and was not mentioned in any police reports.

Tippecanoe Superior 1 Judge Randy Williams ruled on Aug. 29 that Hytrek waived his Fourth Amendment rights when there is probable cause. In Hytrek's case, the reason for the search a possible dirty drug screen was never mentioned at the time of the search and not disclosed to Hughes until June.

Without the probable cause, the evidence was suppressed. Without the evidence, prosecutors have no case.

Prosecutors filed to dismiss the case, and the case was closed Sept. 4, according to court documents.

Reach Ron Wilkins at 765-420-5231 or at rwilkins@jconline.com. Follow on Twitter: @RonWilkins2.

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Prosecutors failure to disclose evidence leads to dropped drug charges - Journal & Courier