If you are accused of possessing drugs or selling them to others, it is essential that you have a strong defense. One of the amendments that you should understand well is the Fourth Amendment. The Fourth Amendment is important in drug-related cases because it gives you protection against unwarranted searches and seizures.
For example, were you aware that the government needs to have a legal search warrant to go through your vehicle or to search you? There are exceptions, of course, such as when the police see that there is contraband in plain sight or when you consent to a search.
What happens if you don’t consent to a search?
If you do not consent to a search and the police don’t have the legal right to search you because of a lack of a warrant, then they should not search you at all. It is essential that you talk to your attorney about the stop if they proceed to do so.
Evidence that is collected from an illegal search needs to be excluded at trial. It can be tough to prove that the evidence was obtained illegally, which is why it’s smart to work with your attorney.
Some examples of a violation of the Fourth Amendment include an officer stopping you without just cause and asking you to step out of your car to search it, searching your cellphone records without a warrant and using that information to prosecute you or intimidating you to get you to allow an unwarranted search.
No matter what the police suspect, they need to follow the law. If they violate the law and search you without a warrant or without being in a situation that is an exception, then you may have a strong case against the evidence being admitted in court.