Dycus v. StateAnnotate this Case
The Supreme Court held that the requirement set forth in Pirtle v. State, 323 N.E.2d 634 (Ind. 1975), that an advisement of rights be given prior to police obtaining consent to a search from a person in custody does not extend to drug recognition exams (DRE).
At issue was whether police are required to advise a person in custody of his or her right to consult with counsel before obtaining consent to perform the DRE exam. The Court of Appeals concluded that without a Pirtle warning, evidence obtained through a DRE is inadmissible. The Supreme Court disagreed, holding that an advisement is not necessary before police can obtain a person’s valid consent to a DRE.