Generally, law enforcement officers must obtain a warrant based on probable cause before searching or seizing property. This is due to the United States Constitution’s Fourth Amendment, which protects against unreasonable searches and seizures. If you are facing drug charges in New York City, knowing your rights is crucial. Please continue reading to learn your rights during a drug-related search and why connecting with a determined Rockland County Drug Possession Attorney is in your best interest.
When Are Police Officers Allowed to Conduct a Drug-Related Search Without a Warrant?
One of the most common exceptions to probable cause is when an individual consents to a search. If you consent to a search, you voluntarily let law enforcement officers perform a search without a warrant. Law enforcement officers may ask for consent by posing questions like, “Do you mind if I take a look around.” If your response is “yes,” you are giving consent. It’s important to understand that you can say “no” and refuse a search.
Another ground that may warrant a drug search is a search incident to arrest. Essentially, this allows law enforcement officers to search you and the immediate area where you are when you are being lawfully arrested. This is conducted to ensure law enforcement officers’ safety and prevent evidence destruction. Law enforcement officers may conduct a warrantless search in urgent situations with exigent circumstances. Law enforcement officers may not have time to get a warrant if there is an immediate danger to safety, evidence destruction, or a risk of escape. For instance, if a law enforcement officer hears screams coming from inside a home, they can enter right away to help victims and stop violence. Nevertheless, law enforcement officers can’t create their own exigency. For example, they can’t knock on your door looking to find something suspicious that would justify a warrantless search.
Furthermore, if a law enforcement officer has a lawful reason to enter your property, they can seize evidence in plain view without a warrant. If they see illegal substances or drug paraphernalia in plain view, they can seize the contraband. However, law enforcement officers can’t move furniture or open containers to uncover hidden items. The officer also can’t use plain view to expand the scope of their search.
How Can an Attorney Help?
As mentioned above, the Fourth Amendment to the United States Consitution protects individuals from unreasonable searches and seizures. If you believe your Fourth Amendment right was violated, an experienced Rockland County drug possession attorney can help challenge the legality of how the evidence against you was obtained. If it can be proven that a search or seizure violated your rights, the court may suppress the prosecution’s critical evidence. If critical evidence is ruled inadmissible, it can significantly impact the outcome of your case. If the prosecution doesn’t have sufficient evidence to prove your guilt beyond a reasonable doubt, it could lead to charges being reduced or even dismissed.
At The Law Office of Carl Spector, we are prepared to examine the details of your arrest and craft a robust defense strategy based on our findings. If you are facing drug charges, please don’t hesitate to contact our legal team to learn more about how we can fight for your future.