How Does Illegal Search and Seizure Affect a Drug Charge?

 Posted on September 18, 2024 in Drug Crimes

The Fourth Amendment to the U.S. Constitution guarantees protection for Americans against "unlawful search and seizures" by the government. It is because of this amendment that law enforcement is often required to obtain a warrant before searching someone’s home, car, or personal effects.

By law, evidence obtained through an illegal search and seizure is not admissible in court. There are exceptions to this rule, but a Four Amendment defense can lead to charges being reduced or dismissed. Challenging the legality of a police officer’s method of obtaining evidence has been a strong defense against murder charges, drug charges, DUI charges, assault charges, and more.

In this article, we will explore what illegal search and seizure is, how it can affect a drug charge, and how to contact an Illinois criminal defense attorney to start building your defense.

What Is Illegal Search and Seizure?

Police officers or any other members of law enforcement must have reasonable cause or a search warrant to conduct a search of your personal property. If they do not, it is considered an illegal search and seizure. Any evidence they find in such a search could be thrown out in court if the defense attorney can show it was seized illegally. This is referred to as the Exclusionary Rule.

A police officer must have a warrant or reasonable cause to:

• Pull you over for a traffic stop
• Search your car
• Search your house
• Search your phone

However, a law enforcement agent may not need a warrant or reasonable cause if you give consent. For example, a police officer usually needs a warrant or reasonable cause to frisk someone. If an individual willingly submits to a body search, the officer may do so. Law enforcement agencies sometimes bank on the fact that citizens do not understand their Fourth Amendment rights and make it seem like they are obligated to submit to various tests and checks.

How Can Illegal Search and Seizure Affect a Drug Charge?

Law enforcement agents must have a reason to search your car, house, or other personal property. The reason does not have to be a strong one, and it does not have to relate to the actual charge.

For example, suppose a police officer pulls you over at a traffic stop because you appear to be driving erratically. He or she smells marijuana emanating from your car and decides to search the vehicle. This is a lawful search and seizure because the officer had a valid reason to pull you over in the first place, even if the ultimate charge was unrelated.

However, suppose you were not driving erratically, and there was no reason for the officer to pull you over. If your attorney can show that the evidence of a drug charge against you was obtained during an illegal search and seizure, it can be a strong defense. The charges against you may be reduced or dropped entirely, depending on what other evidence the prosecution has.

Contact an Arlington Heights, IL Drug Possession Defense Attorney

Fourth Amendment violations can be a great defense against criminal charges, but they can be difficult to prove. Hire a Rolling Meadows, IL criminal defense lawyer to investigate whether your rights have been violated. At Scott F. Anderson, Attorney at Law, our attorneys are highly knowledgeable and experienced, and we are ready to create a robust legal defense against the criminal charges you are facing. Schedule a free consultation by calling 847-253-3400 today.