Search and Seizure Procedures in a New Jersey Drug Arrest
One way that an experienced criminal defense attorney will devise a strong defense against drug charges is to examine the process by which evidence was obtained by the police. Under the Fourth Amendment of the Constitution, all persons are protected from unreasonable searches and seizures. There are very strict procedures that a police officer must follow to legally look for and obtain evidence in a criminal case. If it is determined that the defendant's rights were violated during this process of gathering evidence, the case must be dismissed.
Search and seizure issues can be extremely complicated and confusing. The rights of the defendant are dependent upon the warrant the police has obtained, the circumstances of the arrest and the location of the evidence. For example, police may only search the contents of a car during a traffic stop if they have probable cause or there is an exigent circumstance that makes time a factor. Additionally, police may only forcefully enter a household if they have a warrant or there is grounded suspicion, exigent circumstances, an emergency situation or there is a domestic dispute underway.
Police do have the right to pat down a suspect to search for guns but some searches may only occur if there is evidence in plain view of the officer. One way around the many restrictions an officer must follow is to request consent. Many people offer consent without realizing that they have the right to refuse a search. Officers may not use threats or intimidation to obtain consent for a search.
To understand all of your rights regarding searches and seizure laws, please call the law offices of Lependorf & Silverstein. Our reputed New Jersey criminal defense attorneys will carefully examine the circumstances surrounding your drug crime case to determine if your rights were violated in any way. Call us today at 609-240-0040 to learn more about how we can help defend your rights and keep you out of jail.
