Can Illegal Search and Seizure Impact My Drug Trafficking Case?
If you’re facing drug trafficking charges in Florida, any evidence against you could be a turning point in the outcome of your case. However, if law enforcement officers obtained that evidence through an illegal search or seizure, it can possibly be excluded from your case.
If argued strategically by a leading Tampa drug trafficking defense lawyer with The Rickman Law Firm, dropped evidence from an illegal search and seizure could seriously weaken the prosecution’s position and potentially lead to your charges being reduced or dropped.
What Is Illegal Search And Seizure?
An illegal search or seizure happens when the police violate your constitutional rights by conducting a search or taking evidence without following the proper legal procedures. The Fourth Amendment protects you from unreasonable searches and seizures. This generally means that the police need a valid search warrant or probable cause to search your property.
How Does This Affect A Drug Trafficking Case?
In drug trafficking cases, the prosecution relies heavily on physical evidence, such as drugs or paraphernalia, to prove their case. If your attorney can show that this evidence was obtained through an illegal search, the court may rule that it cannot be used against you. This dismissal can drastically weaken the prosecution’s case, which could potentially lead to reduced charges or even a dismissal.
Warrants and Searches
Police often need a warrant to search your home, car, or property; if they conduct a search without one, the evidence they find during that search could be thrown out. The warrant has to be based on probable cause and must clearly describe where the search will take place and what they’re looking for.
In some cases, the police can search without a warrant if they have probable cause to believe a crime is happening. However, if the probable cause is weak or not credible, the search can be challenged by your Tampa drug trafficking defense lawyer with The Rickman Law Firm.
The Exclusionary Rule
If the court decides the police conducted an illegal search, the exclusionary rule comes into play. Additionally, any other evidence that stems from the illegal search may also be excluded. For example, if police found drugs during an illegal search of your car and then used that to get a warrant to search your home, anything they found in your home might also be excluded.
Why Having A Defense Attorney Matters
Challenging an illegal search and seizure is a complicated process. An experienced Tampa drug defense lawyer with The Rickman Law Firm can review your case, determine if your rights were violated, and push to have any illegally obtained evidence excluded during your court proceedings.
If you believe the police conducted an illegal search in your case, we’re here to help. Get your free case consultation today with one of our Tampa drug defense lawyers. Contact our office at (813) 370-1185 or fill out a consultation form.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.