What Search and Seizure Issues Can Arise in Drug Crime Cases?
If you are under investigation for a drug crime, it is important that you understand search and seizure laws. Before conducting a search of your home or apartment, the police are required to comply with state and federal laws. They may only conduct a search if they have obtained a search warrant or if they have reasonable cause to conduct a search. Any evidence obtained while violating federal laws should be thrown out of court. A skilled attorney will seek to have wrongfully-obtained evidence thrown out, charges dropped, and cases dismissed.
Under the 4th Amendment of the U.S. Constitution, you are protected from unreasonable and unlawful searches. “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”