WAYS TO ATTACK DRUG CASES IN STATE AND FEDERAL COURT
When someone is charged with a drug related offense it is time to lawyer up and pull out all of the stops to achieve the best result. There are many different tools that law enforcement and the prosecutors use to investigate and prosecute drug related offenses. When it comes to the various techniques used, they include stopping vehicles, searching homes, setting up surveillance of potential targets and stopping and searching a particular person they suspect of being involved with drugs. Fortunately for those people who fall under the watchful eye of the government, the United States Constitution has given us all certain protections that can not be violated. Of course it is up to your defense attorney to use the protections of our governing documents to your advantage at all times.
ILLEGAL STOPS IN SEARCH OF DRUGS
The police stop vehicles everyday in their search for the movement of illegal drugs throughout the United States. They do not have the legal right to stop a vehicle anywhere in the country unless they have information to believe that a crime is being committed or there is some sort of a traffic violation. If they illegally stop someone for no reason and later find drugs, then the drugs they find can not be used against anyone in the vehicle that was stopped.
Obviously the police know the rules of when they can and can’t stop people. Therefore they will always come up with some reason for the stop. It is up to the defense to challenge the reason and demand a hearing in front of a judge to force the judge to make a determination as to whether the stop was justified. The use of dash cam video (equipped on most law enforcement vehicles) has become a powerful weapon to challenged the police’s version of what happened. Further it is up to a seasoned defense attorney to flush out what really happened related to the subject stop.
The police use informants to acquire information about drug activity in order to justify certain stops. They also will use wiretap evidence to support stops of vehicles on road ways. This is another area that is subject to manipulation and it is up to the most savvy criminal defense attorneys to fight against unfair police practices and make sure that their client’s rights are not being violated.
SEARCHES WITHOUT A SEARCH WARRANT LOOKING FOR DRUGS
The police are going into homes all over the county with or without search warrants and finding drugs. The hard and fast rule related entry and searches of homes is that in order to go into someone’s home to look for drugs or for any reason the police must obtain a search warrant. However, there are ways to get around this requirement and law enforcement knows them and will do everything they can to get around the warrant requirement.
One way they get around having to go and secure a search warrant is to ask the person who owns the property for their consent to enter and search. If a person gives the police consent to enter and search their home, then there is no need for them to get a search warrant and anything they find can and will be used against the home owner. What I see the police doing is going into the home and searching, finding illegal contraband and then getting the home owner to sign a consent to search form. This is of course illegal, but the police will just say that the person signed it before they went in or that they verbally agreed to the the search. This is another area that is ripe for manipulation and it is up to your criminal defense attorney to pull out all the stops to defend you and your rights.
GOVERNMENT SURVEILLANCE AND SEARCHING A PERSON FOR DRUGS
The government can surveillance whomever they want and for as long as they want. Further, if the surveillance shows that the person is involved with something illegal, this can be grounds to stop and search the person or even obtain a warrant to search their home and car. They will usually combine surveillance with other information they have obtained through informants or wiretapping in order to go to a judge and justify getting a warrant to search a particular location.
The drug business has been a multi-million dollar business for many years and law enforcement has become more and more sophisticated in tracking and stopping drug trafficking. In addition, the government, legislature and courts have given the police and prosecutors powerful weapons and significant legal latitude to pursue the import and movement of drugs into this country. Finally the courts have been given a significant amount of power to met out severe sentences to those who traffic in illegal drugs.
Having a seasoned criminal defense attorney by your side is the only way to insure that your are treated in a fair manner and obtain the best possible result. Call us now!