Contraband Found at the Jail: Indiana Defense Lawyer

Something found on you at booking? Here is how I defend it.

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By Myekeal Wynn, Attorney at Law

These cases usually start the same way. You are arrested and taken to the jail, and a search at booking or later in a cell turns up something you did not know you had: a pill, a pipe, a lighter, pepper spray. Now you face a new charge on top of the arrest.

You have to be given a chance to turn it over

Possession has to be voluntary. If you did not know you had something, Indiana law gives you a defense until you have had enough time to get rid of it. Ind. Code § 35-41-2-1(b). In 2026, the Indiana Supreme Court applied that rule to people in custody: once an arrestee becomes aware of contraband, “they must be afforded a reasonable opportunity to surrender it without penalty.” Gary v. State, 276 N.E.3d 639, 644 (Ind. 2026). If you turn it over at the earliest reasonable opportunity, you have not committed the offense.

I have used this rule to get a case dismissed.

What can cost you that defense

The chance has to be real, and you have to take it. In Gary, the conviction was upheld because the defendant kept pepper spray and used it as a bargaining chip after officers asked for it. If you are told to hand something over and you refuse or stall, the defense gets much harder.

How I defend it

• When you found out. Booking video, cell video, and reports show when you could have known the item was there.

• Whether you got a real chance. Were you asked about contraband at intake? Were you searched before being placed in a cell? The chance does not have to come at the door, but it has to come.

• What you did next. Telling an officer, handing it over, or setting it down matters.

• What the item is. Lab testing for any substance, and whether the item fits the statute charged.

What you may be charged with

• Possessing a dangerous item while incarcerated. Material used or intended to be used in a way readily capable of causing bodily injury is a Level 5 felony, or a Level 4 felony if it is a deadly weapon. Ind. Code § 35-44.1-3-7.

• Drug possession. The underlying drug charge still has to be proved. See my drug charges page.

• Trafficking with an inmate. Charged when an item is brought or passed to someone inside. See my trafficking with an inmate page.

Common questions

I forgot it was in my pocket. Can I still be charged? You can be charged, but if you did not know it was there and turned it over once you found it, that is a defense.

What if I found it after I was already in a cell? Hiding it after you know about it is what the Gary court said makes possession voluntary. Talk to a lawyer before giving any statement about how it got there.

I already gave a statement. Is my case over? No. What you said, when you said it, and whether you were read your rights all matter. Let me review it.

Let’s talk about your case first

Call Wynn. (317) 832-1182

Past results do not guarantee a similar outcome. Contacting Wynn Law does not create an attorney-client relationship.