Facing drug possession charges can be overwhelming, but the key is finding the best defense to challenge the prosecutor.
One defense for drug possession cases is unlawful search and seizure. This is a common option since most possession cases use evidence from a law enforcement search.
Fourth Amendment Rights
The Fourth Amendment protects individuals from unreasonable searches and seizures by law enforcement. This means that police officers must have a valid reason, such as a warrant or probable cause, to search you or your property. If an officer conducted the search without reason, the court may deem any evidence obtained during the search as inadmissible. The prosecutor is then unable to introduce it during the case.
Use of the defense
To successfully use the unlawful search and seizure defense, you must demonstrate that the search violated your rights. You can show that the police did not have a warrant or probable cause to search you or your property. You may also file a motion to suppress that evidence.
The success of this defense depends on the specific circumstances of your case. There must be provable issues with the search that occurred. You also need to be sure that the evidence from the search is key to the prosecution. If you believe a violation happened, you need an evaluation of your situation by someone who is aware of the law and able to gather proper evidence to support your claim.
The unlawful search and seizure defense is a common strategy used to challenge drug possession charges. Using this defense can exclude evidence and weaken the prosecution’s case against you.