A major part of many drug cases is the evidence collected after a search. How the evidence is collected can become an issue if the rights of the accused are violated in the process. If you are facing a drug charge and believe that the evidence was unfairly collected, here is what you need to know.
Are You Protected from Unreasonable Searches?
Whether or not you are aware of it, the Constitution only allows police to conduct reasonable searching of you and your property. Everyone has a right to expect some form of privacy that cannot be violated by law enforcement.
A reasonable search refers to those instances in which the police has probable cause to believe that evidence can be found in your possession. For instance, if a police officer smells marijuana coming from your car, he or she has probable cause for searching the vehicle.
Law enforcement also can conduct a reasonable search when a search warrant is obtained. In order to secure the warrant, a prosecutor and police have to present enough evidence to a judge to convince him or her that the warrant is necessary. For instance, if police officers had credible testimony from a witness that there was drug activity in your home, the judge could sign the warrant for the search.
What If the Search Was Illegal?
In the event that the search conducted by police was not reasonable, the evidence that was collected could be excluded. In this instance, if police did not have probable cause or a warrant and found drugs in your home after an illegal search, the prosecutor could not use the drugs to prosecute you. If there is no additional evidence against you, it is possible that the judge might rule that the charges be dropped.
It is important to note that the exclusion of evidence does not cover just the drugs that were seized. It also applies to any evidence that was collected as a result of collecting the drugs. For instance, if the drugs were found in a cabinet with an illegal handgun, any charges stemming from the handgun could potentially be dropped.
In order to continue forward with any of the charges after illegally obtained evidence is excluded, prosecutors must legally obtain additional evidence against you. If none is found, there is no case. However, if there is additional evidence available, you could still face charges.
Your attorney can help you determine if the search conducted of your property is illegal. Whether or not it is, the attorney can advise you of what steps you can take to defend yourself.www.pollackandball.com Share
24 February 2016
Few things are more frustrating than being accused of a crime that you didn't commit. I found myself in this difficult situation a few years ago when I was with a friend who broke the law. However, I knew that I didn't do anything, which is why I hired an experienced criminal attorney to help me out. He carefully reviewed my case, talked with me about what court would be like, and helped me to wrap my head around the different punishments I might face. He helped to prove my innocence, and I decided to set up this blog to help other people to understand the importance of working with a professional.