Search & Seizure Violations in a Drug Case
Posted on Mar 15, 2010 8:05am PDT
If you have been arrested for a
drug crime, it’s important to contact a skilled drug defense lawyer right away. Even if it seems as if all the cards are stacked against you, there several defense strategies an attorney can use to defend you against your charges. One of those strategies includes questioning whether or not the law enforcement officials investigating your case violated federal search & seizure laws.
Often times, the only way for investigators to uncover the evidence they need to arrest someone for a drug offense is to search the suspect's home, property, or the suspect himself. There is legal protocol investigators must follow when conducting their search, but sometimes investigators violate the search and seizure laws, whether unknowingly or because they are desperate to find the needed evidence.
The 4th amendment to the U.S. Constitution protects people against unlawful searches and seizures. This amendment states that police and investigators cannot search a person or their property unless they have a valid search warrant or justifiable cause. If it is determined that police violated search and seizure laws, any evidence they uncovered during the search must be thrown out of court. As you can imagine, this is so invaluable to the defendant. Without the evidence that ties the defendant to the crime, the prosecution is often forced to drop the charges and dismiss the case.
If you have been arrested on drug charges, and you think your constitutional rights were violated, a
drug crimes attorney can help. If you need help locating an attorney near you, click here to
search for criminal defense attorneys in your area!