Can You Beat a Drug Possession Charge if the Search Was Illegal?
Law enforcement must follow certain procedures when gathering evidence in criminal cases. If you are facing drug possession charges, you may be able to have the charges dropped or dismissed if the contraband was found as a result of an illegal search. Be aware that the police will attempt to get around the warrant requirement, which rarely applies to possession charges. At The Law Offices of Saia, Marrocco & Jensen Inc., our New Lexington drug crime defense attorneys are here to defend your interests.
An Illegal Search is a Fourth Amendment Violation
The Fourth Amendment protects individuals against unlawful searches anywhere they have a reasonable expectation of privacy. This Constitutional Amendment applies to your home, person, and vehicles. For a search to be legal, law enforcement must obtain a warrant or get your consent prior to searching your personal property.
A search warrant is signed by a judge or magistrate, stating the places to be searched and the specific items to be seized. This requires establishing probable cause, which implies that the facts would suggest that a search will likely uncover evidence of a crime. Conducting an illegal search is a Fourth Amendment violation, undermining our justice system.
Can a Police Officer Seize Evidence if It is Not Listed on a Search Warrant?
Under the Plain View Doctrine, law enforcement is permitted to conduct a warrantless search of your home or car if the contraband is in plain sight. The Plain View Doctrine comes with three requirements: (1) the officer’s observation must be from a place that they have a legal right to be; (2) the incriminating nature of the evidence must be readily apparent; and (3) the officer must be able to lawfully access the evidence.
An example would be if a police officer is conducting a lawful search of your home and finds a roach clip on your kitchen table. The officer could put their hand on it and access it without opening any drawers or canisters. Therefore, under the Plain View Doctrine, the officer has a right to seize it as part of the search. This differs from a police officer who is standing on a public sidewalk and sees marijuana plants in a suspect’s picture window. While the contraband is in plain view in this second example, the officer has no right of access, making the substance off-limits.
Exclusionary Rule and Fruit of the Poisonous Tree
Under the exclusionary rule, evidence that was obtained as a result of an illegal search is inadmissible in a criminal case. Also, evidence that was obtained as a result of the illegally obtained evidence must also be excluded. This law that pertains to evidence that is obtained as a result of illegally obtained evidence is known as the fruit of the poisonous tree doctrine. In a drug possession case, this could occur if a suspect confesses to having contraband and its location. The police find the drugs as a result of the testimony, which is later determined to be coerced. The initial confession must be excluded from evidence, along with the subsequent evidence (“fruit”).
If drugs were obtained as a result of an illegal search or coerced testimony, our defense lawyers will file a Motion to Suppress, asking the court to exclude this evidence from trial. If this illegal evidence formed the basis of the prosecution’s case, then your drug possession charges may be dropped or dismissed. Every case is unique, which is why it is important that you speak with our drug crime defense lawyers.
Facing Drug Possession Charges? Speak with our New Lexington Drug Crime Defense Attorneys Today
If you are facing possession charges, you need experienced representation who can see your case from start to finish. Even simple possession charges come with time behind bars. At The Law Offices of Saia, Marrocco & Jensen Inc., our legal team is adamant in protecting criminal defendants’ freedom. To schedule a meeting with one of our New Lexington drug crime defense lawyers, contact us online or by calling (614) 444-3036 today.