The Fourth Amendment covers the area of search and seizure.
If you are accused of possessing drugs or selling them to others, a strong defense is necessary. Knowing rules surrounding searches can make all the difference in your case. Knowledge about the Fourth Amendment and what it means may provide protection from unwarranted searches and seizures.
Were you aware that the government needs to have a legal search warrant to search? However, there are exceptions, such as, if the police see drugs, weapons, guns or other illegal contraband in plain view. A few other exceptions are if the officer develops probable cause to search, if you give consent to search or if the search is incident to a lawful arrest.
What happens if you don’t consent to a search?
If you do not consent to a search and the police do not have the legal right to search you, they should not conduct a search. It is essential that you talk to an experienced criminal defense lawyer about the stop. If you are arrested as a result of a bad search, an attorney can help.
Evidence may be suppressed and not used in a case against you.
Evidence discovered in an illegal search should be excluded. A drug crimes lawyer can file a motion to suppress on your behalf. If that motion is granted, the State will not be allowed to mention or use the illegally obtained evidence. Quite often, when evidence is ruled inadmissible, the case is completely dismissed. It is necessary to consult with a criminal trial lawyer.
If the police do not follow the law and they violate your Fourth Amendment rights, you need to challenge them. A criminal case is often won or lost by attacking the evidence that is being used against you.
Consult With an Experienced Criminal Defense Attorney.
It is important to hire an experienced criminal defense attorney if you have been arrested as a result of an officer’s search. Do not just accept the fact that you have no case since drugs were found on or near you. A good drug crimes lawyer can help get evidence thrown out of court
Whether you were arrested in Lake County, Sumter County or anywhere else in Central Florida, call Mark Jackson to schedule a free consultation in his downtown Tavares office. He will review the evidence with you and discuss your next move. You have rights, Mark Jackson protects those rights.
