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)<\/p>\n
LAFAYETTE The Fourth Amendment protection against unreasonable searches is alive and well in Tippecanoe County.<\/p>\n
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.<\/p>\n
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.<\/p>\n
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.<\/p>\n
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.<\/p>\n
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.<\/p>\n
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.<\/p>\n
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.<\/p>\n
Without the probable cause, the evidence was suppressed. Without the evidence, prosecutors have no case.<\/p>\n
Prosecutors filed to dismiss the case, and the case was closed Sept. 4, according to court documents.<\/p>\n
Reach Ron Wilkins at 765-420-5231 or at rwilkins@jconline.com<\/a>. Follow on Twitter: @RonWilkins2.<\/p>\n McCutcheon's new coach: Tristan McIntyre named baseball coach<\/p>\n In case you missed it: I-65 reopens after fatal crash snarls traffic for nine hours south of Lafayette<\/p>\n 2-year-old found wandering near busy streets<\/p>\n Read or Share this story: https:\/\/www.jconline.com\/story\/news\/crime\/2019\/09\/13\/unlawful-search-gets-drug-charges-dismissed-against-lafayette-man\/2311272001\/<\/a><\/p>\n <\/p>\n Continued here: <\/p>\n Prosecutors failure to disclose evidence leads to dropped drug charges - Journal & Courier<\/a><\/p>\n","protected":false},"excerpt":{"rendered":" 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. Continue reading