How to Fight Drug Trafficking Charges After an Unlawful Search
Too many people have faced the same scary scenario. Police bang on the door of your home before they barge in and start searching without a warrant. It sounds like something that only happens in movies and television shows but for too many people in Fort Lauderdale, it is a stark reality. Below, one of our Fort Lauderdale drug trafficking lawyers outlines how to fight back against these charges after an illegal search.
The Fourth Amendment and Unlawful Searches
Many people are charged with drug trafficking after their premises have been searched, but these searches are not always legal. The Fourth Amendment makes it very clear that everyone in the United States, regardless of their immigration status, is protected from unreasonable search and seizures. This means in the majority of cases, law enforcement must show probable cause and obtain a valid warrant before they search your property.
There are certain exceptions to the warrant requirement, such as if police have probable cause to search the vehicle of a driver they just pulled over, or if contraband is in clear view. However, if police were required to obtain a search warrant and they failed to do so, any evidence obtained during the search can be thrown out so it is not used against you in future proceedings.
How to Challenge an Illegal Search
A lawyer can challenge whether the search of your person or property was legal. For example, law enforcement may state that they saw suspicious movements or that they saw drugs in plain view. A lawyer will highlight the weaknesses in these arguments and identify illegal stops, illegal searches of personal containers, and other violations of your rights that could invalidate a search.
A lawyer can also challenge the scope of the search. When law enforcement obtains a search warrant from a judge, they must also clearly state what they are looking for and the area they want to search. If police only have the authority to search your garage but they enter the rest of your home and continue searching, this is illegal. Any evidence obtained outside of the scope of the warrant can also invalidate a search.
Our Drug Trafficking Lawyers in Fort Lauderdale Can Prove an Illegal Search
Unlawful searches happen more often than many people think. At Haber Blank, our Fort Lauderdale drug trafficking lawyers can prove a search was not legal and ensure your rights are upheld so you have the best chance of obtaining a favorable outcome. Call us today at 954-767-0300 or chat with us online to schedule a consultation and to learn more about how we can help.
Source:
law.cornell.edu/wex/fourth_amendment
